A Bothell man imprisoned for putting a gun to his girlfriend’s head and killing her will face a new second-degree murder charge, this time an allegation that he intended to kill Tamie Jaramillo on her 32nd birthday.
Robert Emery Kuchan, 30, appeared in Snohomish County Superior Court on Friday hoping to either be freed or at least be granted low bail pending a new trial.
Judge Kenneth Cowsert set bail at $250,000, however, making it likely that Kuchan will remain in the Snohomish County Jail at least until a judge approves or rejects the new charge.
Kuchan is one of more than a dozen Snohomish County murder defendants whose convictions were overturned by recent state Supreme Court decisions. In 1997, he pleaded guilty to second-degree murder, saying that he didn’t intend to kill Jaramillo.
The woman’s death occurred during an assault, when he pointed the gun at her. The high court said that’s not second-degree murder – more likely manslaughter – because her death wasn’t intended.
On Thursday, deputy prosecutor Paul Stern filed the new charge, saying it was an intentional killing.
Kuchan is the third person this week to come to Snohomish County Superior Court seeking release as a result of the Supreme Court decisions. Outcomes of all three cases are still in doubt. Earlier, two people convicted of killing children were set free.
Cowsert set an April 11 trial date, and a March 10 date at which public defender Neal Friedman will argue that the prosecutor was wrong in filing the new charge against Kuchan.
There’s a lot at stake for Kuchan.
Friedman said his client would plead guilty immediately to a reduced charge of manslaughter, which would mean immediate freedom since he’s already served his time for that crime.
Under the intentional murder charge, he could receive an 18-year sentence and spend about 11 more years in prison.
“When this case was originally charged, it was charged as an unintentional murder. It was presented as an unintentional murder and sentenced as an unintentional murder,” Friedman said.
“Now it’s being charged as an intentional murder.
“If it’s an intentional murder, it should have been charged that way back in 1997,” he added.
Among other things, Friedman said he will argue that Kuchan can’t face prosecution twice for the same crime.
Reporter Jim Haley: 425-339-3447 or haley@heraldnet.com.
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