EVERETT — The state Court of Appeals has upheld the prison sentence and murder conviction of a man who killed an Everett nurse in 2013 while trying to outrun Bothell police.
Rachael Kamin, a mother of two, was leaving her shift at Providence Regional Medical Center Pacific Campus when her car was broadsided by a speeding pickup truck. Joseph Strange was behind the wheel of the stolen Ford. He had led police on a high-speed chase from Lynnwood to Rucker and Pacific avenues in Everett. Eleven jurors were ready to convict Strange of first-degree murder. One juror wasn’t persuaded, and Strange was convicted of second-degree murder and possession of a stolen vehicle.
The convicted felon was sentenced to 39 years in prison. Snohomish County Superior Court Linda Krese found that Strange’s actions in 2013 and his lengthy criminal history earned him an exceptional sentence. She gave him the maximum for the murder conviction and agreed that his 6-year sentence for the stolen pickup truck shouldn’t start until after he’d served time for the homicide.
Strange argued on appeal that his right to a fair trial was violated because jurors weren’t told that Bothell police officer Mark Atterbury was suspended for a day for violating the department’s pursuit policy. Krese allowed evidence about the department’s investigation into Atterbury’s actions and possible civil litigation, but she excluded testimony about his specific punishment, saying it was irrelevant.
The state Court of Appeals agreed with Krese’s ruling and concluded that she didn’t abuse her judicial discretion. Strange’s attorney was allowed to question Atterbury extensively at trial about the police department’s pursuit policy, whether the chase complied with the policy and the subsequent internal investigation, according to the court’s written opinion filed Monday.
The police chief concluded that Atterbury shouldn’t have chased after the pickup truck based solely on spotting stolen license plates on the vehicle. She also said Atterbury should have called off the pursuit about two miles from the crash site. The danger to the public outweighed the need to stop the suspect, the chief said.
Kamin’s family sued the city after Strange’s trial. Bothell agreed to pay them $3 million to settle the lawsuit.
Also as part of his appeal, Strange alleged prosecutorial misconduct, arguing that he was prejudiced by comments Snohomish County deputy prosecutor Tobin Darrow made during closing arguments. Strange claimed that Darrow tried to elicit sympathy for the victim of an uncharged crime. Strange hit a car at a gas station before racing away from police.
“The prosecutor’s comments were reasonable inferences from the evidence and did not encourage the jury to convict on improper grounds. There was no misconduct,” the court wrote.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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