Ruling expected on Sultan beating statement

Published 10:09 pm Monday, February 8, 2010

EVERETT — Ana Cary Ayala Bustos reportedly laughed when detectives told her she was being charged with a gang killing in Sultan.

Today, the Monroe 16-year-old should learn whether what she said and did that day last spring can be used by Snohomish County prosecutors trying to send her to prison for murder.

Bustos — described in court papers as about 5 feet tall and 90 pounds — is accused of participating in the June 17 beating and stabbing death of Antonio Marks, 17, in downtown Sultan. Four co-defendants all have pleaded guilty to second-degree murder. They were given sentences ranging from 10 to 15 years in prison.

Prosecutors alleged the suspects all were members of a Sultan-based gang called Brown Pride Soldiers and that the killing was gang- related ugliness. With the exception of Bustos, each defendant has admitted guilt and has been sent to prison under state sentencing guidelines.

Bustos decided to go to trial, now scheduled in March.

At a hearing Monday, attorney Karen Halverson of Everett argued that Bustos’ statement to detectives should be thrown out because she didn’t fully understand her rights.

It’s true that Bustos more than once indicated that she understood, Halverson said. Still, a close read of the transcript reveals a naive, nervous kid who was equivocal about talking with police, the attorney said.

At one point during questioning, Bustos asked detectives “Can I just remain silent, not talk?”

The detectives pressed ahead, telling her others in the gang already had told them about what happened to Marks, and that they were interested in hearing her side.

“They know she’s young. They know she’s only a few months past her 16th birthday,” Halverson said.

Deputy prosecutor Tobin Darrow said a recording of the interview demonstrates that Bustos was “cagey” during questioning and sophisticated enough to ask follow-up questions about her legal predicament.

“She wasn’t 12,” Darrow said.

Snohomish County Superior Court Judge Ronald Castleberry said he would announce this afternoon whether Bustos’ statement will be allowed at trial.

Detectives said Bustos smiled when she learned that Marks was dead. She allegedly told them that she kicked him about 10 times in the groin and stomach, and that Marks was to blame for what happened, court records said.

A video surveillance camera captured the slaying on tape. Marks was kicked repeatedly in the head and then stabbed several times in the chest in the 43-second-long attack.

Prosecutors have amended the second-degree murder charge against Bustos to include an aggravating factor that would increase punishment because of her alleged gang ties. If she’s convicted as charged she could be looking at from 10 to 18 years in prison under sentencing guidelines.

Scott North: 425-339-3431, north@heraldnet.com.