Story Photos
 Anthony Michael James Scott finishes his first court appearance by closed-circuit television Wednesday in Cowlitz County Superior Court. Bill Wagner / The Daily News
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Charges filed against Highlands murder suspect; prosecutor won't seek death penalty
Saturday, October 11, 2008 4:10 PM PDT
By Amy M.E. Fischer
Printable version
E-mail this articleThe Cowlitz County Prosecutor Friday filed first-degree murder charges against Anthony Michael James Scott, who allegedly killed a Longview woman and wounded her husband Tuesday.
Prosecutor Sue Baur also is charging Scott, 19, with attempted first-degree murder, first-degree burglary with a firearm, second-degree unlawful possession of a firearm, and felony harassment (domestic violence).
If Scott is convicted of aggravated murder, Baur would seek a life prison sentence rather than the death penalty, she said Friday.
Although she describes Scott’s alleged acts as “a terrible, terrible crime, absolutely horrific,” Baur said the circumstances don’t appear to meet the state’s high threshold for capital punishment.
Scott is accused of entering the home of his ex-girlfriend, Cassandra Tubbs, and shooting her father, Bob Tubbs, once in each arm with a handgun Tuesday. Scott then allegedly fired at Cassandra’s mother, hitting her in the back inside the family’s home at 262 24th Ave. Kathleen Tubbs, 45, later died at St. John Medical Center.
Police arrested Scott about an hour after the shooting in the 3200 block of Oak Street. Scott, who was upset about his recent breakup with 17-year-old Cassandra, claims he “blacked out” and doesn’t recall the shooting, according to police.
Baur has charged Scott with three alternative means of committing murder in the first degree. In other words, a jury could find him guilty of any of the following ways of committing the same crime, but he could be convicted of only one:
n Aggravated murder in the first degree (premeditated murder) with firearm enhancement. This means Scott is charged with intentionally shooting Kathleen Tubbs during a burglary or while fleeing after committing a burglary.
n Murder in the first degree (extreme indifference) with firearm enhancement. This means Scott is charged with conduct that created a “grave risk of death to any person, and thereby caused the death of a person” while committing a crime.
n Murder in the first degree (felony murder) with firearm enhancement. This means Scott is charged with committing or attempting to commit first-degree burglary, killing someone in the process.
Baur explained that in death penalty cases, prosecutors and the state Supreme Court must make a “proportional analysis” of specific facts and compare them to previous cases statewide in which a jury has imposed the death penalty.
She cited the execution of Westley Alan Dodd as an example. Dodd was hanged in 1993 for the sexual assault and murder of three young boys.
“I don’t think this one would make it through a proportional review,” Baur said. “We are not seeking the death penalty against Mr. Scott.”
Only four people have been executed by the state since 1976. By comparison, the state of Texas has executed more than 400 people since 1982.
Also, Baur said, before asking a jury to impose the death penalty, she would have to ensure there weren’t any mitigating circumstances to require leniency. Those circumstances might include the criminal suspect’s age, criminal history, risk of re-offending, competency at the time of the crime, influence of drugs or alcohol and presence of extreme mental distress, she said.
“I do not think 12 people in this community would find beyond a reasonable doubt that there were not mitigating circumstances,” Baur said.
Related articles:
One dead, one injured in Highlands shooting (Oct. 7)
Domestic dispute likely sparked fatal shooting (Oct. 8)
Violence nothing new for Highlands residents (Oct. 8)
Murder suspect says he doesn't remember key moments; Memorial for Kathleen Tubbs scheduled (Oct. 9)
Police still seeking gun, sweatshirt in murder investigation (Oct. 10)
mom of four wrote on Oct 11, 2008 1:51 AM:
" What a crock! Sue Baur you are a disgrace to our community! "
tally ho wrote on Oct 11, 2008 3:39 AM:
" I think the last sentence in this article proves what an inept prosecutor Sue Baur is. She evidently did not read the article and 65 comments on Thurs. Out of the 65 I would say at least 55 demanded the death penalty. The only reason I say that amount is because some of the comments were just sniping between each other. The main problem the prosecution is going to have is finding 12 jurors who haven't heard and already made a decision on this case. This is an outrage and Baur needs to leave office. "
98626 wrote on Oct 11, 2008 5:03 AM:
" what are the guidelines for a domestic violence murder? This clearly is a domestic violence case from the start. The suspect going to the home to "retrieve belongings" was only an excuse to gain entry. "
Kelso Resident wrote on Oct 11, 2008 6:36 AM:
" And to this I say we kick out the current Prosecutor and get in one that has the courage to do the job correctly. This guy derseves Death. "
cheney119 wrote on Oct 11, 2008 7:25 AM:
" The mob wants blood! I a proud to say I am not among the mob. "
Simple Man wrote on Oct 11, 2008 7:34 AM:
" It almost like she is just too lazy to file for the death penslty because she doesnt to want to have to try prove anything. Even if the DP doesnt get approved at least she would of TRIED to do the right thing. "
Resident wrote on Oct 11, 2008 7:54 AM:
" So the scumbag kills one person and injures another and the taxpayers will have to support him for the rest of his life. Seems to me this is a case for the death penalty. If this was not premeditated why did the guy have a gun with him when he went to the house. He obviously expected to use the gun or he would not have had it with him. "
Mom2Be wrote on Oct 11, 2008 8:21 AM:
" There is no punishment harsh enough for this pathetic excuse of a human being. If he were to get death it would be an easy way out. But even if he gets life without parole he will have a more cushy life than most of this country. He gets phone privileges, internet access, tv time. Shouldn't he be punished for MURDERING someone with intent to murder someone else? I don't call that suffering. I think the family should get to decide what his ultimate punishment should be. "
DW wrote on Oct 11, 2008 8:21 AM:
" Let's see...life in prison means 3 years on good behavior hhmm.....If you take a life in the manner that this person did, you should forefeit the life you have in return. "
TeeDrgonLdy wrote on Oct 11, 2008 8:22 AM:
" I look at this way, that at least the prosecuting attorney is seeking for the life sentence for this terrible tradegy. Because I know, besides me, think that the 26 years in prison was not a fair sentence for the killing of Kathy Tubbs, and the attempted murder on Bob Tubbs. The prosecuting attorney has my support in forcing the life sentence for Anthony James Scott. For those that are wanting to show their support, or Friends or Family, that Mrs. Kathy Tubbs memorial service is being held on 200 block of 24th, at 2pm. "
lucky1 wrote on Oct 11, 2008 8:24 AM:
" Well its time to vote in a new prosecuter. She obviously isnt in touch with the community. The last states that she doesnt think 12 people would find without resonable doubt. Well she must not read the blogs on here. "
Mr. Bastinado wrote on Oct 11, 2008 8:41 AM:
" Proportional analysis=a big load of crap. This low-life piece 'o %$*## text messaged the daughter just to stick the knife in further. If they can't get a death sentence in this case, then either we need (NEW)competent prosecutors or just simply get rid of the death penalty all together. "
corleone wrote on Oct 11, 2008 9:52 AM:
" The reason why she isn't goin to seek the death penalty is because: even if 12 of you crazy redneck conservative hillbillies convicted him and the death penalty, it would be appealed and overturned in supreme court, therefore a waste of time. From the article, "Baur said the circumstances dont appear to meet the states high threshold for capital punishment." Which is true. Washington is not Texas. If you all want to hang the colored folk, move down south. "
GOLDENRED wrote on Oct 11, 2008 9:54 AM:
" I vote for new prosecuter... This women is sending a horrible message to young teens and adults. Simple not okay! "
CONCERENED wrote on Oct 11, 2008 9:57 AM:
" READ THE STORY PEOPLE!!! IT DOESNT FIT THE GUIDELINES!!!I AGREE HE SHOULD DIE FOR WHAT HE HAS DONE BUT, THERE ARE GUIDELINES, LAWS,RULES, YOU SHOULD BE COMPLAINING TO THE STAE, GET IT CORRECTED, SUE HASNT A LEG TO STAND ON!!! THIS IS AN OPEN AND SHUT CASE!! HIS BUTT WILL BE SAVED BY THE LAWS!! TRAGIC "
nickandholly wrote on Oct 11, 2008 10:08 AM:
" Corleone this has nothing to do with the color of his skin. He killed someone. If a white man killed someone I would want death for him too. He took a wife, mother, daughter, grandmother and friend from people. He don't deserve to live and have us people who work and pay taxes pay his way. "
bmc dennis wrote on Oct 11, 2008 10:10 AM:
" this is just wrong. What she is saying is go ahead a kill someone in our county and you will get three meals a day and medical paid for for the rest of your life. this is just sad I hope that the victums family will be able to sleep at nightknowing that justice will not be served today. "
mom of four wrote on Oct 11, 2008 10:16 AM:
" I think that in case where they can prove beyond reasonable doubt that someone either murdered or did anything wrong to a child I say take a "vote" in our state. Just like we pick our president. Follow the same rules we use for that. That way our state is not using our money to have some low life (man or woman)in prison for the rest of their lives and us paying for them to be able to have TV, movies, a gym, visitors. etc. We have elderly people homeless but here we support DB's in prison and jail. Bring back chain gangs too for druggies. Juveniles should have to clean up are city as well with supervision and help the people that cannot so their house work. Teach these children to quit being so definite. Someone said on the other bog that they only get gym for an hour....maybe so but let me see 5 yrs 1 hour a day I think I could get pretty buff. I was also told that we still can have hangings in Washington State...if that is true there is a perfect spot in our town to have them....civic circle (no children allowed). "
Simple Man wrote on Oct 11, 2008 10:23 AM:
" Well I know when I get out of the service I sure wont be moving back to Wa. This is the laughing stock of the nation. "
Nom D'Plume wrote on Oct 11, 2008 10:33 AM:
" The people who'd like to see the death penalty meted out in this case need to educate themselves on the pathetically liberal capital punishment laws in our state. Sue Baur is abiding by the laws she has to work within. Unfortunately the bleeding hearts of our state would rather see murderers rehabilitated than hung. I believe that we should hang the murderers, high and fast. The current laws only allow it under specific circumstances. Email your state legislators and ask them to support changes to legislation regarding the death penalty. "
bmc dennis wrote on Oct 11, 2008 10:40 AM:
" wow in three days sue has went through all the cases ever filed and already knows that it does not meet the criteria for the death penalty. wake up people we will spend millions on this dirt bag while he is in prison. maybe your kids wont get medical for some illness or your family wont have as much for dinner because our taxes will go up to feed him and put clothes on his back and make sure he gets medical and dental while he is in a warm dry place to sleep. Who is going to pay for the family's medical bills and funaral plans. maybe this guys family should. I know lets sue himm and his family for everything they have. wait a min he is a transit probably does not own anything. This is a tragedy . "
ruthieofkelso wrote on Oct 11, 2008 10:40 AM:
" This was premeditated cold blooded murder. She was shot in the back while running away. What is all this talk about burglary? When did he rob anyone?
He went there for the specific purpose to murder everyone in the house.
Can anyone say COP OUT? I bet Sue Baur can. "
He went there for the specific purpose to murder everyone in the house.
Can anyone say COP OUT? I bet Sue Baur can. "
restlessinlongview wrote on Oct 11, 2008 10:52 AM:
" Mr Chinook:
He is a public defender. Imagine the gall he has to forego much better paying jobs to try and help the poor without judging them with regard to what they deserve. Maybe God can handle the whole judging what they deserve thing. "
He is a public defender. Imagine the gall he has to forego much better paying jobs to try and help the poor without judging them with regard to what they deserve. Maybe God can handle the whole judging what they deserve thing. "
bmc dennis wrote on Oct 11, 2008 10:57 AM:
" In her last statement sue says she didnt think she could find 12 people in the community to think there we no mitigating circumstances. Did she ask anyone or again does big broter or sister just kno what is best for OUR comunity. People we need to take control of our street and towns and notlet the local government spend our money and do what is best for their careres. This man committed a horrible crime agaist a human being. He didnt kill a cat or a dog it was a human life. My hart goes out to the tubbs family god bless. "
Rosey Glasses wrote on Oct 11, 2008 11:29 AM:
" corleone: before his race was known, people were calling for the death penalty! so don't use the race card on this. Race has nothing to do with it. He took a life, so he should give up his. I am so sick of people using the race card to plead that they are persecuted! give me a break. I have never been, nor ever will be a racist, but a life for a life (and that is how the lord sees it too). I think that those that use the race card are more racist than the rest of us. again... give me a break and get a real life. "
bmc dennis wrote on Oct 11, 2008 12:01 PM:
" Well my other comments got kicked off so here i go again. This is just wrong. It only took Sue THREE days to check all of the other cases in the state for somthing that was close. Do your job this MAN killed a person and tried to kill another. Than sent a text to the doughter telling her he left her a presant. sounds hartless and cold to me. Sue Maybe you could do more research for the victums of this crime. "
Cheney119 wrote on Oct 11, 2008 12:32 PM:
" We are blessed with the words of the almighty today; everyone seems they believe they have the right to say who should live and die, I'll bet you call yourselves christian as well. I think your god-like judgemental self-rightousness takes a lot of nerve. Who the hell do you people think your are anyway? Tell me do you think this scum getting the death penalty would make things any easier for the Tubbs Family, because I really doubt it. "
roudy russ wrote on Oct 11, 2008 1:18 PM:
" " Once again here is the Prosecuter's official E-mail address so we can let her know our opinion on this case baurs@co.cowlitz.wa.us " "
DUH wrote on Oct 11, 2008 1:53 PM:
" ruthieofkelso... Burglary is defined as entering and remaining in a premises unlawfully or without permission. It does not mean that anything has to be stolen. EDUCATE YOURSELF BEFORE YOU SPEAK PEOPLE> "
DW wrote on Oct 11, 2008 1:54 PM:
" Ummm hey Cheney, If someone murdered one of my family members like this person did, I would feel that the government has the obligation to seek the death penalty. And yes the day they put the sodium penethal in his veins would be the day I could put a close on what this person did. What upsets me is that we are going to spend hundreds of thousands of dollars to prosecute and lock this person up. If only life in prison ment life in prison. He will be on the streets,(probably with your blessings), in a few years. I'm curious how you would feel when this person gets out and commits another horrible crime, this time it is your spouse or daughter or someone you care about. I just hope that if this happens, someone would be in a position to defend themselves, and give this guy a lethal dose high speed lead poisoning. "
DUH wrote on Oct 11, 2008 1:58 PM:
" roudy russ, public opinion does'nt over rule the law. You want the laws changed? Start a petition and get it on a ballot. I would vote for harsher sentences. Besides, you want to take up all of the prosecutors time by reading your angry junk mail instead of prosecuting criminals? Then you'd just scream that she's not spending enough time doing her job. Get Real! "
SPARROW wrote on Oct 11, 2008 2:00 PM:
" All of you people screaming that the proscuting attorney is to blame for not seeking the death penalty and imply she is not doing her job properly do not seem capable of comprending what has been clearly explained to you already. You all seem like the type of people that would put a gas barbacue together without reading the instructions, and then trying to blame the manfacture when it blows up in your face. You really should read up on the law a little more before you make yourself appear so foolish for making such meaningless comments about a subject you can't seem to comprehend. The laws our proscutor has to follow, are the laws made others who were put into office by uniformed voters like yourselves. There should be an IQ requirement before letting people vote! "
Rosey Glasses wrote on Oct 11, 2008 2:17 PM:
" You can tell that all to the Tubbs family mr Cheney119. I will bet that they will tell you one $*&#^%rd. I for one have a grandson that lives just accross the alley from where this all went down. If anything were to have happened to him, I would have been at that court house and demanded the death penalty. I know that many are dissapointed (as am I) that his county can't get crime under controll because of lax prosecutors and lax judges. I give up on cowlitz county and if the guy in northern washington doesn't get a harsh penalty for the deaths he caused... will give up on the whole state. I will be voting for those that will impose harsher penalties for violent crimes. I don't claim to be a die hard christian, but I do believe in "an eye for an eye". "
roudy russ wrote on Oct 11, 2008 2:22 PM:
" Oh by the way, He has been charged in Cowlitz County Superior Court FIVE times in the past four years according to Washington court records. "
Simple Man wrote on Oct 11, 2008 3:34 PM:
" Are you serious corleone you are really calling us racist because we want justice. Sounds like you should move down south so you can complain with the rest of your kind. "
LVAlumni wrote on Oct 11, 2008 4:16 PM:
" bmc dennis... did you NOT read the article following this man's arraignment? Bauer had less than 24 hours to file formal charges against this guy. Further, she doesn't have to review EVERY case to know that the appellate court would strike it down and any conviction gained would be overturned on appeal. What she DOES know is that this case does not meet the standard. "
LVAlumni wrote on Oct 11, 2008 4:24 PM:
" To all of you on here who are trashing Sue Baur over her decision to not seek the death penalty in this case: you people REALLY need to CLUE IN. Just because you don't LIKE the law doesn't make it any less authoritive. This is not a matter of SUE's personal opinion or position on what this man deserves but a matter of what the law provides for. If you don't like Washington's liberal death penalty standards, maybe you folks ought to spend less time here complaining about the state of our political affairs and more time ACTING upon those complaints by communicating with our State's LAWMAKERS about your positions on such issues. Sue doesn't MAKE the laws. She can only work with those already in place. And remember... our state's lawmakers hold ELECTED positions. The answer is to stop complaining and START doing your civic duty by VOTING. I, too, believe this man should die for what he has done to this family. But I equally understand that this is not Sue's choice to make because she can only work within the parameters of the law and case law supporting her legal argument. "
slowburn wrote on Oct 11, 2008 4:26 PM:
" Anyone else notice these comments are all about Scott and the prosecutor, and not one person has asked how they can help the victim's family? I guess that's because there might actually be something we could do, but that would require us to get off our butts. It's far easier just to whine about the crime and the punishment. By all means, continue. "
bucketball wrote on Oct 11, 2008 4:31 PM:
" She don't want to give him the death penalty is because she doesn't do a good job prosecuting. She only has a high conviction rate because she always in 99.9% of all cases is handing out a plea bargain and she probably will in this case too. Even if what she claims is true about not being able to find 12 jurrors that will give him death why not give it try anyway? What would be really interesting is to know is how high is that conviction rate of hers when people don't take the deal. I bet those numbers tell a different story. "
LVAlumni wrote on Oct 11, 2008 4:50 PM:
" Rosey Glasses made my whole point for me in ONE statement... "I will be voting for those that will impose harsher penalties for violent crimes." The truth is, Rosey, you can "demand" all you want but until the VOTES are made for those who will enforce the harsher penalties, your demands would be in vain. I feel so incredibly horrible for this family, as the LAW will not allow them to have the true justice they deserve for losing their loved one. But the TRUTH is that WE, the people, put those in office who make these laws by VOTING them into elected office. Instead of pointing fingers at the prosecutors and judges who are FORBIDDEN by law to make decisions based upon personal opinion or emotion and can ONLY follow the letter of the law, we ought to take a look at the fact that we, the public, have a stronger voice in the law than we think we do. It all begins at the polls, folks. To the Tubbs family, my deepest condolences for your loss. Your family is in my thoughts and prayers. "
cheney119 wrote on Oct 11, 2008 4:51 PM:
" You didn't answer my questions. You sound like a lynch mob, who the hell do you people think you are? Will seeking the death penalty (and losing) help the Tubbs Family? A plea bargain, life in jail, and save everyone the time, expense and torment of a drawn out trial. But no, the high and might, self-rightous jackasses must to have their pound of flesh and throw a tissy fit in the process. Really infantile. "
imho wrote on Oct 11, 2008 5:19 PM:
" Thank you LVAlumni -- well said.
A lot of these posts have people whining about the cost of keeping this dirtbag in jail for the rest of his life. "I don't want to pay for that." With those comments, it is apparent none of you know how the laws in this state work. It is FAR more expensive to sentence this guy to death than it is to keep him incarcerated for this rest of his life. Any of you willing to fork out the extra money for that? No one gets the death penalty for killing one person. Wrong, right or indifferent, it doesn't matter... it is what it is.
It would be hard to justify giving this guy the death penalty while Gary Ridgeway sits in his prison cell for life. "
A lot of these posts have people whining about the cost of keeping this dirtbag in jail for the rest of his life. "I don't want to pay for that." With those comments, it is apparent none of you know how the laws in this state work. It is FAR more expensive to sentence this guy to death than it is to keep him incarcerated for this rest of his life. Any of you willing to fork out the extra money for that? No one gets the death penalty for killing one person. Wrong, right or indifferent, it doesn't matter... it is what it is.
It would be hard to justify giving this guy the death penalty while Gary Ridgeway sits in his prison cell for life. "
imho wrote on Oct 11, 2008 5:21 PM:
" Rosy- why didn't you "give up" on the state when Norm Maleng didn't seek the death penalty for Gary Ridgeway? Was it because his victims were prostitutes?!? "
DW wrote on Oct 11, 2008 6:09 PM:
" Hey slowburn, maybe I should get ahold of the Tubbs and find out if they got some kind of anonymous gift from a person named slowburn. What the Tubbs could use right now, I would imagine, is a little privacy, and our prayers. But the subject at hand was why the killer is not being charged with a capital crime. So put your butt where your mouth is and get up and go do something for the family. In the mean time I would like to find out if the prosecutor could amend the charges and go for capital punishment. Because I believe that if this person gets out of prison in a couple years after serving his life sentence, he would be likely to commit another horrific crime. Hopefully with the result that the person or persons he attacks would be able to defend themselves and do the states job for us, like a fatal dose of high speed lead poisoning.... "
ruthieofkelso wrote on Oct 11, 2008 7:43 PM:
" Hey Duh, Duhhhhhhh....I am educated. Burglary as defined by random house dictionary is,"The felony of breaking into and entering a building with intent to steal." Need I say more. Sounds as if you are the person that is in need of an education. My cousin needs justice and going for the death penalty is what should have been done in this case. Then if the jury decided that they didn't want to hand down the death penalty they could have given him life w/o parole. So now when the sentence is handed down and they possibly don't want to give the max what is left? 26 years? Then the guy is let out on the streets after serving half for being a model prisoner? Come on Sue what are you afraid of? The upcoming elections? "
Rosey Glasses wrote on Oct 11, 2008 7:49 PM:
" My dear slowburn; sorry about your bad luck, but I have asked what I can do. I may not have posted it here, but my son knows Bob and lives nearby. So before you go making accusations you know nothing about, think... maybe we have already talked to these folks. Maybe there are things already in the works! Have you asked them if there is anything YOU can do? Are you going to attend the memorial tomorrow or are you going to sit on your behind. "
two cents wrote on Oct 11, 2008 8:10 PM:
" There are many issues I am having with this, but one of the largest is that he shot an unarmed person (wouldn't matter if male or female) in the BACK. Now, I am not one who believes so much that we should go back to the wild west times of law, BUT even now what he did should be considered to the highest degree of law as it was back then. There are many horrible things, but to shoot an unarmed person in the back...that is just the lowest of the low and I think he should be prosecuted to the fullest "
DUH wrote on Oct 11, 2008 8:56 PM:
" ruthieofkelso, Random House Dictionary? Try looking at the state law books and find the definition of burglary. All you have to do is enter and remain in a building unlawfully or without permission. Intent to steal does not have to be proven in burglary cases. Example... Say you get caught shoplifting at WinCo. You then get banned from the store. You enter that store again after that, you have done so unlawfully. You are charged with burglary even though you didn't steal anything. All that aside I do wish the family the best and are in my thoughts and prayers. "
ruthieofkelso wrote on Oct 11, 2008 8:59 PM:
" I as a family member can tell you that there is no prejudice here. We are not seeking a hanging for a black person. We are not prejudice. We are seeking JUSTICE FOR KATHY. If this person would have been white, brown, yellow, pink, purple, or polka dotted, we as family members would want justice. May he never get out in public again to do this to another family. Kathy was a grandmother, mother, daughter, aunt, cousin, friend and all around wonderful person that would do anything for anyone. No family deserves the heartache and emptyness that we have gotten from this tradgedy!
Kathy will be missed! But someone miss stated the time of the memorial. It is at 12:00pm, noon. We apreciate all the love and kindness we have recieved from everyone. "
Kathy will be missed! But someone miss stated the time of the memorial. It is at 12:00pm, noon. We apreciate all the love and kindness we have recieved from everyone. "
AliceKinnon wrote on Oct 11, 2008 9:28 PM:
" " Hey Duh, Duhhhhhhh....I am educated. Burglary as defined by random house dictionary is,'The felony of breaking into and entering a building with intent to steal.' Need I say more."
Actually, yes. Regardless of your feelings about this particular case, it is foolish to rely upon a dictionary to determine the laws of your state.
Washington state law defines burglary as such:
"(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person."
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.020 "
Actually, yes. Regardless of your feelings about this particular case, it is foolish to rely upon a dictionary to determine the laws of your state.
Washington state law defines burglary as such:
"(1) A person is guilty of burglary in the first degree if, with intent to commit a crime against a person or property therein, he or she enters or remains unlawfully in a building and if, in entering or while in the building or in immediate flight therefrom, the actor or another participant in the crime (a) is armed with a deadly weapon, or (b) assaults any person."
http://apps.leg.wa.gov/RCW/default.aspx?cite=9A.52.020 "
tommy42 wrote on Oct 11, 2008 11:09 PM:
" To the readers of TDN. Our state didn't give Gary Ridgeway the death penalty. As sad as it may be the truth of the matter is, our felony prosecutors are bound by state law. Don't think for one minute that Sue Bauer wouldn't seek the death penalty if she could. Don't any of you remember the case of Joseph Kondro. This man deserved death. This young man is going to spend the rest of his life in prison. The cost of putting him to death after conviction and the appeals process would be comparable. At least the three means of conviction will ou him awat for life. "
SPARROW wrote on Oct 12, 2008 3:10 AM:
" If Sue Baur were to seek the maximum penalty and charges for this murder as so many of you are insisting she should do: you would be more angry when the jury had to give a non guilty verdict because there were elements and conditions that they had to find him guilty for, that did not exist in this case. So now he doesn't even get 26 years, he goes home. Prosecuting him for a lesser degree that fits the the crime and can be proven is never a guaranteed conviction either, but sure beats over shooting your goal, which is of course a guilty conviction. For many reasons some evidence and testimony is suppressed and not heard by the jury. This could be information that would impact a juror's decision one way or another. If you have doubts how complicated and technical an appeal case can be, here is the link to read some of the appeallet slip opinions - http://www.courts.wa.gov/opinions/ "
Rosey Glasses wrote on Oct 12, 2008 9:19 AM:
" Sad but true, there is a young child that whitnessed this terrible occurrance. The impact of that testimony on a jury could be a deciding factor. This young man did this in front of a child, this will impact this child all of his days, repeated in nightmares and daytime thoughts of his grandmother. I wish I was home this weekend... and for many of the court appearances to come. All murderers deserved what they give... death. It isn't a color or who they killed issue... it is the fact that they took a life for other than self defense. Whether it is for money, revenge or just plain hate... eye for an eye. "
Simple Man wrote on Oct 12, 2008 9:34 AM:
" Yall can say whatever you want bottom line this guy deserves the DP. Sue might not be able to get it approved but she should. There is a problem with the system that wont be fixed for a long time, until then I wont be moving back. And no one is playing god, last I knew the bible stated an eye for an eye. And if you knew the family like I did you would know a little more than tdn does so all you sea lawyars can save it. "
MOLE wrote on Oct 12, 2008 10:12 AM:
" about 39 years ago in longview,two young men,one 18 the other 20.took a fella out shooting tin cans,when the one went to set up the targets kevin grendon shot him in the back of the head.ALL OF THIS HAD BEEN PLANNED!!!!they went back removed his hands,feet and teeth, thru them in the toutle river!!!BRUCE BRANT WENT "STATES EVIDENCE", GOT A "CLEAN WALK" AND KEVIN GRENDON HAS BEEN IN PRISON EVER SINCE!!! NOW MIND YOU, THIS WAS ALL "PLANNED IN ADVANCE" OVER MONEY OWED FOR DRUGS!! I KNOW THIS BECAUSE I WENT TO SCHOOL WITH BOTH KIDS.they both should have gotten the death penalty!!!! "
uno98632 wrote on Oct 12, 2008 10:48 AM:
" This guy needs the DP! Eye for A eye. You just don't go shooting people due to a relationship break-up. ANd his excuse was he blacked out!!! Come on! He went to the house with a loaded gun and let me guess he wasn't going to use it, right? He knew what he was doing! That poor child! He needs to get the DP or life without parole, maybe someone there will take action. "
Simple Man wrote on Oct 12, 2008 11:14 AM:
" Looks like we might agree mole. This is not a competant court system, murderers shouldnt live off taxpayers money. they should get the death penalty. "
MOLE wrote on Oct 12, 2008 2:42 PM:
" If the prosecuter loses on a death penalty charge, he goes free,free,free!!!! If she feels like it is a loser,she will lose,LIFE IS LIFE TAKE IT OR HE WILL BE FREE. "
cheney119 wrote on Oct 12, 2008 5:20 PM:
" Eye for an eye? Do you dolts know where that comes from? The Koran! You are quoting the book of the Muslims. Should we declare a jihad Scott? Instead of eye of an eye why don't you cite the accurate quote which is the old stand by "two wrongs don't make a right" That's all the death penalty is the second of two wrongs. But the blood thirsty mob needs their revenge. Christianity is supposed to be about love. Love your enemy, love those that hate you. I think you people forgot how to love, or be loved long long ago. "
Rosey Glasses wrote on Oct 12, 2008 7:43 PM:
" cheney119, sorry about your bad luck... you need to quit focusing on the NEW testament only... the "eye for an eye" is in the old testament, which is mirrored in the Quoran! Because up until Abraham and Sarah, along with her house maden split the jewish people into the jewish and muslums, they were one people. So the Bible and Quoran are the same within that time table. You my dear friend need to do more research before you accuse us of not quoting the bible correctly. Grief. "
Simple Man wrote on Oct 12, 2008 8:04 PM:
" Cheney, I see you on here every day complaining about the economy. If you think this guy should live off our tax dollars for the rest of his life why don't you liberals start up a "save a cold blooded killer" fund and support them yourselves. And an eye for an eye comes from the Book of Exodus, Chapter 21, Verses 22-27. That just happens to be the second book of the old testament. "
roudy russ wrote on Oct 12, 2008 8:11 PM:
" Hey Cheney119, I suggest you check your favts better before spouting off like you always do: Exodus 21:23–27 23And if any mischief follow, then thou shalt give life for life,
24Eye for eye, tooth for tooth, hand for hand, foot for foot,
25Burning for burning, wound for wound, stripe for stripe. "
24Eye for eye, tooth for tooth, hand for hand, foot for foot,
25Burning for burning, wound for wound, stripe for stripe. "
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