Killer, convicted at 17, seeks to shorten his sentence

EVERETT — Brandon Dale Backstrom was 17 when he headed off to prison to begin serving what was supposed to be a life sentence for the murders of an Everett woman and her 12-year-old daughter.

On Tuesday, he was back in Snohomish County Superior Court for what may be a shot at one day regaining freedom.

Backstrom, now 36, was convicted of aggravated first-degree murder in the November 1997 killings of Marnie Walls, 30, and her daughter, Korree Olin of Stanwood. Both were stabbed dozens of times with kitchen knives. Walls also was bludgeoned with a large pair of wire cutters.

The motive, according to prosecutors, was to leave no witnesses to a robbery that netted some jewelry and cigarettes.

Backstrom’s co-defendant was his cousin, then 22. That man cut a deal and testified against Backstrom in exchange for what turned out to be a nearly 30-year sentence.

Backstrom, who was tried as an adult because of the seriousness of the crime, received a mandatory sentence of life in prison after jurors found him guilty of aggravated murder.

His attorneys are now arguing that he should receive a sentence identical to the one handed down to his accomplice all those years ago.

“In no way is Brandon Backstrom minimizing the crime of conviction in this case. What he is asking the court to do though is to treat similarly situated individuals, co-defendants, in the same manner,” defense attorneys Paul Thompson and Fred Moll said in court papers.

Backstrom’s case was handled in accordance with the law as it existed at the time of his prosecution. However, the U.S. Supreme Court ruled 15 years later that such mandatory life sentences for juvenile killers violate the Eighth Amendment’s prohibition of cruel and unusual punishment.

Washington’s law was amended in 2014 to reflect the high court’s ruling. Those who commit aggravated murder between the ages of 16 and 18 now face a minimum of 25 years behind bars. They still can be sentenced to life without parole, but only after a judge considers the individual circumstances of the case and the defendant’s life.

That’s the purpose of the hearing that began Tuesday before Judge Ellen Fair.

A similar hearing last year led to a life sentence being set aside for Michael Skay, who committed a 1995 murder at 16. Skay now is looking at a minimum 32-year sentence, meaning he has about a decade before he is eligible to petition for his release.

Backstrom’s attorneys have presented Fair with reports that describe him as a “very immature, poorly controlled adolescent” at the time of the killings. They say he’s grown into a mature adult who has managed to remain largely free of trouble during the nearly two decades he’s spent behind bars.

Backstrom’s home environment was described as “chaotic, dysfunctional, and volatile.” He often would stay with relatives when his parents’ arguments became violent, Janell Wagner, a mitigation specialist, testified Tuesday. He ran away to live with his grandparents at the age of 12. He was found and brought back home.

In court papers, deputy prosecutor Matt Hunter said he’ll likely recommend a 40-year minimum sentence, but first wants to hear and consider the information the defense plans to present.

“It makes no sense for the prosecution to make a partially-informed sentencing recommendation to this court,” he wrote.

He also rejected the premise behind suggesting Backstrom and his co-defendant deserve the same punishment.

The other man cooperated with investigators and “spared the victims’ families and loved ones significant pain and agony that goes along with trials and appeals; the defendant did not,” he wrote.

What Backstrom did also can’t be ignored, Hunter added. Each of the victims suffered more than 50 knife wounds.

Backstrom’s co-defendant “did not inflict the injuries — instead he ran away,” Hunter added.

Reporter Caitlin Tompkins contributed to this story.

Scott North: 425-339-3431; north@heraldnet.com. Twitter: @snorthnews.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Trader Joe’s customers walk in and out of the store on Monday, Nov. 20, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
New Trader Joe’s opens this week at Everett Mall

It’s a short move from a longtime location, essentially across the street, where parking was often an adventure.

Ian Bramel-Allen enters a guilty plea to second-degree murder during a plea and sentencing hearing on Wednesday, March 6, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
‘Deep remorse’: Man gets 17 years for friend’s fatal stabbing in Edmonds

Ian Bramel-Allen, 44, pleaded guilty Wednesday to second-degree murder for killing Bret Northcutt last year at a WinCo.

Firefighters respond to a small RV and a motorhome fire on Tuesday afternoon in Marysville. (Provided by Snohomish County Fire Distrct 22)
1 injured after RV fire, explosion near Marysville

The cause of the fire in the 11600 block of 81st Avenue NE had not been determined, fire officials said.

Ashton Dedmon appears in court during his sentencing hearing on Tuesday, March 5, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Everett Navy sailor sentenced to 90 days for fatal hit and run

Ashton Dedmon crashed into Joshua Kollman and drove away. Dedmon, a petty officer on the USS Kidd, reported he had a panic attack.

A kindergarten student works on a computer at Emerson Elementary School on Wednesday, Feb. 28, 2024, in Everett, Washington. (Ryan Berry / The Herald)
‘¡Una erupción!’: Dual language programs expanding to 10 local schools

A new bill aims to support 10 new programs each year statewide. In Snohomish County, most follow a 90-10 model of Spanish and English.

Logo for news use featuring the Tulalip Indian Reservation in Snohomish County, Washington. 220118
Woman drives off cliff, dies on Tulalip Reservation

The woman fell 70 to 80 feet after driving off Priest Point Drive NW on Sunday afternoon.

Everett
Boy, 4, survives fall from Everett fourth-story apartment window

The child was being treated at Seattle Children’s. The city has a limited supply of window stops for low-income residents.

People head out to the water at low tide during an unseasonably warm day on Saturday, March 16, 2024, at Lighthouse Park in Mukilteo, Washington. (Ryan Berry / The Herald)
Everett shatters record high temperature by 11 degrees

On Saturday, it hit 73 degrees, breaking the previous record of 62 set in 2007.

Snohomish County Fire District #4 and Snohomish Regional Fire & Rescue respond to a motor vehicle collision for a car and pole. The driver was pronounced dead at the scene, near Triangle Bait & Tackle in Snohomish. (Snohomish County Sheriff’s Office)
Police: Troopers tried to stop driver before deadly crash in Snohomish

The man, 31, was driving at “a high rate of speed” when he crashed into a traffic light pole and died, investigators said.

Alan Dean, who is accused of the 1993 strangulation murder of 15-year-old Bothell girl Melissa Lee, appears in court during opening statements of his trial on Monday, March 18, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
31 years later, trial opens in Bothell teen’s brutal killing

In April 1993, Melissa Lee’s body was found below Edgewater Creek Bridge. It would take 27 years to arrest Alan Dean in her death.

Logo for news use featuring the municipality of Snohomish in Snohomish County, Washington. 220118
Man dies after crashing into pole in Snohomish

Just before 1 a.m., the driver crashed into a traffic light pole at the intersection of 2nd Street and Maple Avenue.

Bodies of two men recovered after falling into Eagle Falls near Index

Two men fell into the falls and did not resurface Saturday, authorities said. After a recovery effort, two bodies were found.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.