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<< Previous   of   Next >>   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Friday, September 5, 2008 Appeal likely in drug overdose death conviction Donalydia Huertas' sentence was two years for manslaughter. By Diana Hefley Herald Writer A 19-year-old woman sentenced to two years in juvenile lock-up for the Ecstasy-overdose death of a classmate plans to appeal her sentence. The attorney for Donalydia Huertas filed an appeal notice earlier this week in Snohomish County Superior Court. Huertas intends to ask the Court of Appeals to overturn her Aug. 25 sentence, according to court documents. Huertas, of Puyallup, is being held in juvenile detention until her 21st birthday for the 2007 overdose death of Danielle McCarthy, 16. A jury found Huertas guilty of controlled substance homicide and second-degree manslaughter. She is accused of providing McCarthy drugs and aggressively fighting off any efforts to summon medical attention for her classmate. Prosecutors said McCarthy showed signs of overdosing for more than eight hours before she was taken to Stevens Hospital in Edmonds. She likely was dead a couple of hours before she was dropped off at the emergency room, prosecutors said. The man accused of selling the Ecstasy, David Morris, 21, pleaded guilty to controlled substance homicide. He was sentenced to nearly five years in prison. Morris will be allowed to spend half of his sentence seeking drug treatment outside of prison. Huertas was tried and convicted as an adult. Snohomish County Superior Court Judge Ellen Fair eventually ruled Huertas be sentenced as a juvenile based on the teen's age and the jury's verdict. Fair also decided that the standard juvenile sentence -- 30 days or less -- would be a manifest injustice. The judge ordered the exceptional sentence. Danielle McCarthy's father said Thursday he wasn't surprised Huertas filed an appeal. "It's just one more thing in this whole nightmare," Patrick McCarthy said. "They keep pushing it as far as they can. She was lucky she just got two years in juvenile detention instead of time in adult prison." Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com. READER COMMENTS Be the first to comment. You must be a registered user and verify your e-mail address to post comments to blogs or articles on HeraldNet. To register, click here. To read other terms and conditions, click here. Log out

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