EVERETT — Snohomish County prosecutors will get their day in court to prove why a Puyallup teen should be sentenced as an adult in the Ecstasy overdose death of a classmate.
A judge on Wednesday granted prosecutors a special hearing in the case against Donalydia Huertas, 18. Huertas was convicted last week of controlled substance homicide and Âsecond-degree manslaughter. The jury didn’t return a verdict on a first-degree manslaughter charge against Huertas.
Wednesday’s decision was the first step in deciding how much time Huertas will serve for her part in the death of Danielle McCarthy, 16, also of Puyallup.
Huertas could face a couple months in a juvenile rehabilitation facility or years in prison, based on where she is sentenced.
Prosecutors initially charged Huertas in juvenile court with controlled substance homicide. The case was moved to adult court after plea negotiations broke down and Huertas was charged with first-degree manslaughter, an offense that is automatically handled in adult court.
The jury’s decision to convict Huertas of the lesser manslaughter charge sent the case back to juvenile court.
Huertas was 17 at the time she gave Ecstasy to McCarthy.
Prosecutors argued Wednesday the law clearly allows them to ask the juvenile court to decline jurisdiction and pass authority to adult court for sentencing.
Huertas’ attorney, Wayne Fricke, disagreed and argued that the state missed the deadline to ask for a decline hearing when they first charged Huertas with controlled substance Âhomicide in juvenile court. The law wasn’t designed to give prosecutors a second chance because the verdict doesn’t go their way, he said.
Deputy prosecutor Jarett Goodkin told the judge there was no reason to initially seek a hearing since the case was sent to adult court when they filed the first-degree manslaughter charge.
Superior Court Judge Ellen Fair ruled the law allowed prosecutors to request a hearing, now scheduled for Aug. 13.
To decide if Huertas will be sentenced in juvenile or adult court, Fair must consider the teen’s previous criminal history, the nature of the crime, potential for rehabilitation, the safety of the community and other factors.
McCarthy died Jan. 1, 2007. She showed signs of overdosing on Ecstasy for more than eight hours before being brought to Stevens Hospital in Edmonds. Witnesses testified that she vomited, wet her pants and pleaded with Huertas not to let her die.
Huertas remains free on bail.
Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
