Plea delayed in overdose death

LAKE STEVENS — A Lake Stevens woman was given the weekend to think about her decision to plead guilty in the 2007 overdose death of an Everett woman.

Mallori Smith, 24, was sobbing Friday as she stood in front of Snohomish County Superior Court Judge Bruce Weiss. She’d shown up at the hearing intending to plead guilty to second-degree manslaughter in the death of Kyla Helvey, 21.

Weiss delayed the hearing until Monday, saying he wanted to make certain that Smith had sufficient time to review the plea agreement. Smith told the judge she had read the documents just five minutes before Friday’s hearing.

“I apologize to everyone in here,” Weiss said. “I think it’s the most appropriate way to handle it.”

The courtroom was packed with the relatives of both women.

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Helvey died Sept. 11, 2007, after taking the drug GBL, gamma-Butyrolactone, which metabolizes into GHB, gamma hydroxybutyric acid. GHB is associated with rave parties; it’s also called the date-rape drug.

Smith and co-defendant Brooke James, 21, are accused of providing the drug to Helvey and failing to summon medical aid when Helvey collapsed.

Smith, who has no criminal history, faces more than two years in prison.

Her attorney, Max Harrison, told Weiss he had spoken to Smith about the plea agreement and discussed the consequences with her prior to Friday’s hearings. He said he would review the document with her in greater detail over the weekend. He said he expected that Smith would plead guilty to the charge Monday.

Prosecutors had threatened to charge Smith with first-degree manslaughter, a more serious crime.

Her co-defendant, James, is charged with first-degree manslaughter with egregious lack of remorse. Prosecutors allege James has continued a partying lifestyle and memorialized Helvey’s death with a disturbing tattoo.

Since the death, she had the words “die pretty” tattooed on her stomach, in the same location where Helvey had a tattoo, Snohomish County deputy prosecutor Jeremy Bartels wrote in court documents.

James called the tattoo a personal memorial to Helvey, her attorney, Jon Zulauf, wrote in court documents.

Prosecutors also have indicated that James could face a rape charge pending the outcome of genetic testing. Investigators found potential evidence Helvey was sexually assaulted, according to court documents.

James and Smith both denied any sexual contact with Helvey.

Zulauf asked Superior Court Judge Linda Krese to dismiss the case against James, and brought several other motions to throw out statements James made to detectives. Krese has yet to rule on all of the motions.

The three women got together to soak in a hot tub and have some drinks, according to court documents. Smith started talking about GHB and said someone left the drug at her place in a water bottle after a party, papers said.

Both defendants told Helvey about the dangers of the drug and warned her not to take too much, prosecutors wrote. Smith and James put small amounts into their drinks. Helvey drank straight from the water bottle containing the drug, according to documents.

When Helvey passed out, the other two tried to rouse her but couldn’t. They got some blankets and pillows for her and let her sleep, snoring “real loud,” documents said.

Helvey was found dead the next morning. Prosecutors say they believe she would have survived if Smith and James had called for help.

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

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