Police explain why fatal Everett crash suspect wasn’t jailed

Published 10:16 pm Monday, March 1, 2010

EVERETT — Everett police on Monday were waiting for test results and also answering questions about their decision not to jail a suspect in a drunken-driving crash that took two lives Friday night.

Building the case correctly is the primary concern, and that means having the evidence ready for prosecutors, even if that means the suspect for a time walks free, Everett police Sgt. Robert Goetz said.

“We understand that the public could be a little surprised that we didn’t book her,” he said. “But it is the best thing for the case, and the prosecution of the case, and to do justice for the victims.”

Police believe a Bothell woman, 28, was driving drunk and headed the wrong direction on Broadway on Friday night when her SUV slammed head-on into a passenger car. The Snohomish County Medical Examiner’s Office identified the victims as the car’s driver, Sheena Blair, 24, of Tacoma, and passenger Martin Ramirez, 19, also of Tacoma. Two other passengers in the car received serious injuries.

The decision not to jail the other driver raises public safety concerns, a national group that fights drunken driving said.

“With a couple of deaths involved, that’s an insult to the victims,” said Carl McDonald, a spokesman for Mothers Against Drunk Driving. “Maybe the system is not taking the best care to protect the public.”

Detectives arrested the woman at the scene for investigation of vehicular homicide, drunken driving and vehicular assault. She was not jailed because once a suspect is put behind bars a clock starts ticking for prosecutors to move the case toward trial, Goetz said.

Joan Cavagnaro, Snohomish County’s chief criminal deputy prosecutor, said it’s not unusual for investigators to delay jailing a suspect.

While Cavagnaro said she could not comment on Friday’s case, she said there’s often complex evidence in vehicular homicide cases that can take time to process.

Prosecutors are limited by time once a suspect is jailed, she said. Defendants and suspects have rights that must be balanced against public safety concerns.

“Our criminal justice system has these quandaries all the time,” she said.

Police drew blood from the suspect Friday. It was sent to the Washington State Patrol Crime Lab for testing.

Concern that the lab results might not be available quickly was a factor in Friday night’s decision to not jail the woman, Goetz said. If she demanded a speedy trial — her right under the U.S. Constitution — the evidence may not have been available in time.

State crime lab officials have been open about their struggle to keep pace with demand for forensic tests in criminal cases.

“This sounds like an extraordinary circumstance,” MADD’s McDonald said. “These are very serious charges, and we would be disappointed if the system was not looking out for the security of the public.”

Because the woman was freed without being booked into jail, no bail was set and her activities are not restricted. Goetz said the woman is not considered a flight risk.

Detectives believe the woman was driving a SUV northbound on Broadway near the Evergreen Cemetery around 10 p.m. Friday. She apparently missed a right turn onto an overpass that leads northbound traffic to the continuation of Broadway past 41st Street.

Instead, the driver allegedly went straight, entering the southbound lanes against traffic and crashed head-on with Blair’s car under the 41st Street overpass.

The suspected drunken driver wasn’t hurt. Her passenger, a Everett woman, 31, was treated at a local hospital.

The surviving passengers of the car were rushed to Harborview Medical Center in Seattle. They are men, both 18. One man is from Lakewood, Pierce County; police weren’t certain where the other man lives. Goetz said both men were in listed Monday in serious condition.

Investigators said at least one passerby, a driver who wasn’t involved in the crash, witnessed what happened.

Other police departments also say they don’t always immediately book suspects in vehicular homicide cases. Investigation is critical and often takes time, Snohomish County sheriff’s spokeswoman Rebecca Hover said.

“There’s a lot of time and effort that goes into a crash investigation like this,” she said.

Detectives aren’t finished when the wreckage is cleared from the road.

“That’s just the beginning,” Hover said.

Cavagnaro, the prosecutor, said each case needs to be examined individually to decide when it is best to place the suspect behind bars.

“The investigator is in the best place to make a decision to determine if there’s enough evidence to proceed at the get-go, or if they need additional time to pull together sufficient evidence,” she said.

Jackson Holtz: 425-339-3437, jholtz@heraldnet.com.