Woman pleads guilty in friend’s drug overdose death

Published 10:53 pm Monday, October 20, 2008

EVERETT — Kyla Helvey wasn’t alone when a potent rave party drug attacked her body.

Two women watched as Helvey, 21, collapsed to the floor. Prosecutors allege they did nothing to save Helvey.

They didn’t summon medical attention until after Helvey was already dead.

Mallori Smith, 24, admitted Monday she bears responsibility. Smith pleaded guilty to second-degree manslaughter with lack of remorse as an aggravating factor. She faces up to three years in prison.

Her time in prison hinges on the results of genetic testing. Prosecutors say evidence suggests Helvey was sexually assaulted some time after she ingested the drug. Smith denies involvement.

Smith, of Lake Stevens, wept as Snohomish County Superior Court Judge Bruce Weiss read from documents admitting she negligently caused her friend’s death.

Smith’s attorney Max Harrison put his arm around her shoulder as Smith quietly told the judge she was guilty.

Helvey’s parents wrapped their arms around each other as they watched Monday’s hearing. Helvey’s mother wore a picture of her daughter pinned to her shirt.

Weiss on Friday had delayed a plea hearing to give Smith time to review the agreement with her attorney. Weiss asked Smith twice Monday if she had been threatened or promised anything. Smith had earlier indicated she wouldn’t accept any plea agreement and expected to go to trial.

As part of the plea agreement, Smith now has agreed to testify against co-defendant Brooke James, 21.

James is charged with first-degree manslaughter with lack of remorse.

Prosecutors allege that James has continued to party after Helvey’s death. They also point to a disturbing tattoo that James had inked onto her stomach. The tattoo reads “die pretty.”

James sees the tattoo as a memorial to Helvey, her attorney Jon Zualaf wrote in court documents.

Prosecutors also have said in court that James may face a rape charge pending the outcome of genetic testing. James has denied any sexual contact with Helvey.

Helvey died Sept. 11, 2007, of acute intoxication, the combined effects of alcohol and GHB, gamma hydroxybutric acid. The drug also is known as a date rape drug.

Snohomish County deputy prosecutor Mara Rozzano plans to recommend that Smith spend three years in prison if the genetic testing indicates that Helvey was sexually assaulted. If not, Rozzano will recommend just over two years.

Smith’s sentencing is scheduled for next week but is expected to be delayed.

The trial against James is scheduled to begin in two weeks. It likely will be delayed in light of a recent ruling by Superior Court Judge Linda Krese, lawyers said.

Krese ruled that James’ statements to police are admissible but the judge wrote she has concerns about proceeding to trial without independent corroborating evidence.

The three women gathered together to soak in a hot tub and have some drinks, according to court documents. Smith started talking about GHB, and said someone left the drug at her place in a water bottle after a party, papers said.

Both defendants told Helvey about the dangers of the drug and warned her not to take too much, according to court documents. Smith and James put small amounts into their drinks. Helvey drank straight from the water bottle containing GHB, according to documents.

Smith and James allegedly told investigators they tried to rouse Helvey when she collapsed. When they couldn’t, they got some blankets and pillows for her, according to court documents.

Helvey was dead by morning.

Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.