By Jim Haley
Herald Writer
The cherub-faced child of 13 shuffled into the room Friday dressed in orange prison garb, hampered by leg chains.
He smiled at his mother and half-sister in the front row of the Denney Juvenile Justice Center courtroom in Everett. He didn’t look the part of a murderer.
In moments, Snohomish County Superior Court Judge Charles French would sentence the Marysville youth to confinement by state juvenile authorities until his 21st birthday. According to French, he won’t be eligible for any kind of transitional group home until he turns 20.
In juvenile court, that long a confinement is as stiff a penalty that can be handed down.
The youth was found guilty earlier by French of first-degree murder in last April’s bludgeoning and stabbing death of Jerry Heimann, 64, of Everett. He was one of five teen-agers allegedly recruited to kill Heimann by Barbara Opel, 38, of Everett. She is charged with aggravated first-degree murder, and prosecutors are considering whether to seek the death penalty for her.
Two of the other teen-agers have pleaded guilty in adult court, and two more face first-degree murder charges in adult court.
After a lengthy hearing, French found that in the case of the 13-year-old, "it is likely reasonable rehabilitation can occur" while safeguarding the public, so he kept the case in juvenile court.
He, lawyers and a relative of Heimann raised hope of that sentiment Friday.
"I’m satisfied with what happened today," said Colleen Muller, Heimann’s daughter. "If any of the kids can be rehabilitated, it’s probably him — and maybe he does deserve that chance."
Deputy Prosecutor Chris Dickinson asked the judge to order the child into custody until he turns 21. It’s likely he will be sent to a juvenile state prison, possibly Echo Glen near North Bend.
But Steve Garvey, the child’s lawyer, pleaded with the judge to allow a period for transition into society, perhaps allowing him to go to a group home. He believes the boy will have an opportunity to take advantage of programs that will straighten him out and make him a useful citizen, but he will need time to assimilate into society.
He noted that the boy had a "chaotic" upbringing, one that French described earlier as characterized by "poor supervision, poor nurturing, abandonment, parental addiction and violence."
Garvey told the judge, "I’m hopeful he will come out of this far better than when he went in."
The child didn’t feel comfortable speaking on his own behalf, Garvey said. But the lawyer assured the judge the youth is remorseful.
"He wishes he could take back time. He can’t, and he has to spend a lot of time away from his family," Garvey told the judge.
His mother, Tina Wagner, also said her son is remorseful.
"I just want to tell the (Heimann) family how sorry we are," Wagner said, adding that her child has generally been a good boy.
The judge gave a stern admonition, noting that the boy will have every opportunity to grasp structure and a moral sense of right and wrong in juvenile programs. "You’re the one who’s going to have to decide whether you grasp it or not," French told him.
You can call Herald Writer Jim Haley at 425-339-3447
or send e-mail to haley@heraldnet.com.
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