EVERETT — Kyla Helvey was more than someone who made a mistake.
She was her dad’s hunting buddy and her mom’s best friend. She was her little brother’s wrestling opponent. She was a loyal friend and a devoted granddaughter.
She didn’t mind the mud that came along with a hard day of motorcycle riding. She didn’t complain about chores. She made sure her parents didn’t forget each other’s birthdays, her dad Ron Helvey said.
Helvey, 21, was more to them than a woman who overdosed on a party drug and was left alone to die by two women she barely knew, her family and friends said Tuesday.
Dozens of people grieving Helvey’s death packed a Snohomish County courtroom to hear the fate of the woman accused of providing Helvey with a potent rave drug and then failing to summon medical attention when Helvey collapsed.
Mallori Smith, 24, pleaded guilty in October to second-degree manslaughter with lack of remorse. Helvey died Sept. 11, 2007, of acute intoxication from the combined effects of alcohol and GHB, gamma hydroxybutric acid. Smith, who had never been in trouble with the law before, was sentenced Tuesday to nearly two years in prison. For a time, prosecutors considered trying to have the case brought in the federal courts, where Smith could have faced decades in prison if convicted.
Her family and friends also packed the courtroom Tuesday.
They told the judge Smith is more than someone who made a mistake.
She runs marathons to raise money for cancer research. She worked full time while trying to earn a college degree. She calls her grandfather at least once a month, just to talk. She is not a danger but someone who wants others to learn from her bad choices and plans to share her story with young people.
“If going through this year and the upcoming year meant it would bring Kyla back, I would do it 10 times over. I am very sorry for your loss and the pain you have to go through every day,” Smith said to Helvey’s family.
Prosecutors initially indicated they would seek a longer sentence for Smith. After her co-defendant Brooke James pleaded guilty to a drug charge in connection with Helvey’s death, they opted to seek a sentence that would be equitable compared with what James faces, Snohomish County deputy prosecutor Mara Rozzano said.
Smith’s attorney, Max Harrison of Everett, argued for a month less, saying his client has taken responsibility for her actions. He also suggested Smith didn’t recognize that Helvey was in medical distress until it was too late.
The three women had gathered together to soak in a hot tub and have some drinks, according to court documents. Smith provided the drug. Both Smith and James warned Helvey of the dangers. The women mixed the drug with energy drinks. Later Helvey drank the drug straight from the water bottle containing the drug.
Harrison said Helvey after sat down on the ground and began snoring. Smith would have called 911 right away if she had known that Helvey was in danger, he said.
Smith had once taken too much of the drug, also known as a date rape drug. She passed out and slept off the effects of the drug, Harrison said. Nothing from her experience led her to believe Helvey was in trouble, he said.
“They made the assumption she passed out and would wake up and be fine,” Harrison said.
Prosecutors disagreed with the assertions. They showed Superior Court Judge Bruce Weiss pictures taken of Helvey after she had taken the drug and collapsed. In one photo someone appears to be checking her pulse. The coloring of Helvey’s face is unnaturally purplish-red, they said.
“There was an awareness,” Rozzano said.
Weiss agreed and reminded Smith by pleading guilty she admitted that she negligently caused Helvey’s death.
“There was sufficient information to put you on notice that 911 should have been called,” Weiss said.
The judge said he was convinced that Smith is taking responsibility for her actions. He also encouraged her to learn from her poor decisions and teach others about the dangers of drugs.
Harrison asked the judge to allow Smith to report to jail on Friday. She needed to take care of some legal matters before heading to prison, he said.
Weiss said he was concerned for Helvey’s family. He thought seeing Smith taken into custody might help them find closure.
Smith interrupted the debate.
“I’m fine going today,” she said.
She was led off in handcuffs.
“We just hope this stops one other gal or guy from getting hurt. That’s what we want,” Ron Helvey said.
Diana Hefley: 425-339-3463, hefley@heraldnet.com.
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