By Scott North
Herald Writer
Two teen-age cousins were convicted Friday of murdering an Everett man in April.
Kyle Boston, 15, of Arlington, pleaded guilty to second-degree murder in the death of Jerry Heimann, 64.
Boston, whose case had earlier been ordered into adult court, faces from 10 years to 18 years in prison.
"I am sorry Mr. Heimann died and sorry for my participation in this crime," he said in a written plea.
Boston’s cousin, a 13-year-old Marysville boy, on Friday also was convicted of first-degree murder after a fact-finding hearing, the equivalent of a juvenile court trial.
Judge Charles French said the evidence was clear the boy planned and participated in the attack on Heimann, although others delivered the fatal blows with a baseball bat and knives. He also said there was evidence to convict the teen of second-degree murder, but the finding will have no effect on sentencing.
The youth, who is not being named by The Herald because he is still being legally treated as a child, faces anywhere from four years in a juvenile prison to a maximum of being locked up until he is 21.
Defense attorney Stephen Garvey said he fully expects his 13-year-old client will receive the maximum sentence and remain behind bars until he’s 21.
Prosecutors allege Heimann was the victim of a strange robbery plot that was hatched by an Everett woman and executed by her then-13-year-old daughter and four other teens.
Heather L. Opel and Marriam D. Oliver, both 14 and of Everett, still face prosecution as adults in Snohomish County Superior Court. If convicted of first-degree murder each faces a minimum of 20 years in prison. Along with Boston, their cases were moved to adult court in November after French ruled, for a variety of reasons, that justice and the community would be better served.
Another defendant, Jeff Grote, 17, Heather Opel’s former boyfriend, has pleaded guilty to first-degree murder and likely will be sentenced to 50 years in prison.
Heather Opel’s mother, Barbara, 38, of Everett, who had worked for Heimann, is charged with aggravated first-degree murder, and prosecutors are considering asking for the death penalty.
Heimann’s daughter, Kelly Muller, was in court Friday.
"I’m pleased with Judge French’s decisions," she said.
Sentencing for the 13-year-old is set for Dec. 21. Boston’s sentencing is scheduled for late June, a delay that reflects his promise to testify against co-defendants.
You can call Herald Writer Scott North at 425-339-343 or send e-mail to north@heraldnet.com.
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