Second driver gets year in jail in road rage death

After watching two trials and a score of hearings, and after shedding buckets of tears, the legal process is over for Katie Pemberton of Lake Stevens, the mother of a 16-year-old high school junior who was killed in a prom night traffic collision on April 27, 2002.

"I have to go home and say, for this part, justice was served," said Pemberton after the second man involved in the road-rage incident that tragic night was sentenced to a year in jail.

But on a personal level there will never be justice, she said.

Pemberton has routinely been in court when the two men who were involved in the collision that took her daughter’s life were in court. The collision followed a school prom in Edmonds.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

The second defendant, Lukasz Pawel Kutek, 22, of Shoreline, was given the one-year jail term Tuesday after pleading guilty to two driving charges.

"It is a case where Mr. Kutek apparently had an emotional response to another driver," said Snohomish County Superior Court Judge Larry McKeeman before he pronounced his sentence.

Kutek pleaded guilty in July to reckless driving, a gross misdemeanor, and disorderly conduct, a misdemeanor, and agreed to serve a year in jail. He will be allowed to keep his job working for a property management company because he will attend the county’s work release program beginning Sept. 29

The plea followed a trial for vehicular homicide in which the jury could not reach a unanimous decision. Jurors were deadlocked 11-1 to convict him of a felony that would have sent Kutek to a state prison for 1 1/2years or more.

In April, the second man involved in the incident, Allison Arnold, 34, of Bellevue, was convicted of vehicular homicide. He was sentenced to nearly 3 1/2years in prison because of his bad past driving record.

It was Arnold’s Ford Explorer that crossed the centerline of Highway 104 near Highway 99 and slammed into a white Ford Mustang in which Georgia Pemberton had been a passenger. According to testimony at trial, Arnold was attempting to pass Kutek after the two men played a deadly game of passing and blocking each other’s vehicles.

Deputy prosecutor Michael Downes said he agreed to the gross misdemeanor partly because jurors told him after Kutek’s trial that they thought Kutek should have been charged with a less serious crime.

"I took that into account" in plea negotiations with Shoreline defense attorney Mark Vanderveen, Downes told the judge.

Vanderveen emphasized that Kutek had no previous criminal or driving convictions and "is not predisposed to participate in road rage."

"It was nine or 10 seconds of poor decision-making," Vanderveen said. "It’s been hard on him, too. I’m convinced this had had a lasting impact on this young man."

Kutek had little to say, except to apologize.

"This was a big tragedy. If I had known what the other driver would do, I wouldn’t have done it," Kutek told the judge. "All I can say is I’m sorry."

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

‘No Kings’ rallies draw thousands to Everett and throughout Snohomish County

Demonstrations were held nationwide to protest what organizers say is overreach by President Donald Trump and his administration.

Police Cmdr. Scott King answers questions about the Flock Safety license plate camera system on Thursday, June 5, 2025 in Mountlake Terrace, Washington. (Olivia Vanni / The Herald)
Mountlake Terrace approves Flock camera system after public pushback

The council approved the $54,000 license plate camera system agreement by a vote of 5-2.

Cascadia College Earth and Environmental Sciences Professor Midori Sakura looks in the surrounding trees for wildlife at the North Creek Wetlands on Wednesday, June 4, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
Cascadia College ecology students teach about the importance of wetlands

To wrap up the term, students took family and friends on a guided tour of the North Creek wetlands.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

Marysville is planning a new indoor sports facility, 350 apartments and a sizable hotel east of Ebey Waterfront Park. (Olivia Vanni / The Herald)
New report shifts outlook of $25M Marysville sports complex

A report found a conceptual 100,000-square-foot sports complex may require public investment to pencil out.

Logo for news use featuring Snohomish County, Washington. 220118
Snohomish County Board of Health looking to fill vacancy

The county is accepting applications until the board seat is filled.

A recently finished log jam is visible along the Pilchuck River as a helicopter hovers in the distance to pick up a tree for another log jam up river on Wednesday, June 11, 2025 in Granite Falls, Washington. (Olivia Vanni / The Herald)
Tulalip Tribes and DNR team up on salmon restoration project along the Pilchuck River

Tulalip Tribes and the state Department of Natural Resources are creating 30 log jams on the Upper Pilchuck River for salmon habitat.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.