No trial in overdose death

EVERETT — Brooke James won’t stand trial for the overdose death of Kyla Helvey.

Instead, James, 21, pleaded guilty to a drug charge on Friday in Snohomish County Superior Court.

Snohomish County deputy prosecutor Mara Rozzano declined to discuss why prosecutors dropped manslaughter charges against James just days before the California woman was scheduled to go to trial for the Sept. 11, 2007, death.

Rozzano said she wanted to wait to comment until after the sentencing, scheduled for April 3.

Helvey’s parents and James’ father also declined to speak with a reporter until after the sentencing.

Court documents show that lawyers engaged in lengthy negotiations leading up to Friday’s plea agreement. Rozzano and defense attorney Jon Zulauf discussed in a hearing last week the possibility of finding a mediator to help them reach a resolution. It was unclear Friday if the lawyers used an arbitrator to arrive at Friday’s plea agreement.

For more than a year, James has been accused of having a hand in Helvey’s death. She was first charged with controlled substance homicide and later with first- and second-degree manslaughter.

Prosecutors alleged that James, along with co-defendant Mallori Smith, provided Helvey with GHB, gamma hydroxy­butric acid, a potent rave party drug. GHB also is known as a date-rape drug.

Prosecutors pursued evidence to determine if Helvey had been raped while incapacitated by the drug. They obtained genetic evidence from both James and Smith, court papers show. The pair adamantly denied that any sexual assault took place.

The DNA testing came back inconclusive, Rozzano said last week. She said she didn’t plan to pursue any sexual assault charges against either defendant.

According to court documents, the women spent the night drinking and soaking in a hot tub at Smith’s residence. At one point they began talking about GHB and eventually mixed the drug with energy drinks, prosecutors wrote. Smith said she and James warned Helvey about the dangers of mixing the drug and alcohol. They told her to only sip the drug-laced drink.

The defendants told investigators Helvey chugged some of the liquid straight from the bottle.

Prosecutors accused the women of failing to summon aid when Helvey collapsed in front of them a short time later.

Smith said the women took pictures of Helvey then brought her a pillow and blanket and left her on the floor, according to court documents.

Helvey was dead by morning.

Tests confirmed that she died of acute intoxication caused by the combined effects of alcohol and GHB.

Smith, 24, pleaded guilty in October to second-degree manslaughter. She faces more than two years in prison.

Prosecutors plan to recommend that James spend nearly two years in prison.

Her attorney on Friday told Snohomish County Superior Court Judge Linda Krese that he hasn’t decided if he’ll ask for an alternative drug offender sentence, which would mean less prison time in exchange for treatment.

James quietly answered, “Yes ma’am,” as Krese questioned her about the plea agreement. Tears spilled down her cheeks as she pleaded guilty to possession with intent to deliver an imitation controlled substance, a felony.

James entered an Alford plea, which allowed her to plead guilty but avoid admitting any wrongdoing. Instead, she acknowledged sufficient evidence existed to ensure her conviction.

James, who has been living in California, was allowed to remain free pending the sentencing.

Rozzano raised concerns Friday about James’ current job.

James has been working part-time in a karaoke bar for about five months. She has been ordered not to possess or consume drugs or alcohol. Krese allowed her to keep her job as long as her only contact with alcohol is to serve it to customers.

Rozzano has raised concerns in the past about James’ behavior after Helvey’s death. She alleged that James continued to party and told Krese about a disturbing tattoo reading “die pretty” that James had inked onto her stomach.

James considers the tattoo a memorial to Helvey, Zulauf had written in court documents.

Helvey’s parents held each other on Friday, wearing T-shirts adorned with their daughter’s picture.

Reporter Diana Hefley: 425-339-3463 or hefley@heraldnet.com.