EVERETT – A woman convicted in the Ecstasy overdose death of a Puyallup teen could escape spending any time in jail after a ruling handed down this afternoon in Snohomish County Superior Court.
A judge decided that Donalydia Huertas, 18, of Puyallup, should be sentenced as a juvenile in the 2007 death of Danielle McCarthy, 16. A jury convicted Huertas in June of controlled substance homicide and second-degree manslaughter.
Huertas provided McCarthy Ecstasy during a night of partying between Puyallup, Seattle and Edmonds. She and others failed to summon medical aid for McCarthy, who showed signs of overdosing for nearly 10 hours. McCarthy was eventually taken to Stevens Hospital in Edmonds where doctors determined she had died.
Although she was tried and convicted in adult court, Huertas got a break on punishment because of the jury’s verdict and her age at the time of the crime.
She could have faced six years in prison. Under juvenile rules, her standard sentence could be between zero to 30 days in juvenile detention.
Snohomish County prosecutors say they will ask that Huertas be held until she is 21, arguing that a regular juvenile sentence would be a manifest injustice.
McCarthy’s family was outraged .
“Danielle’s life, in the state of Washington, is worth zero to 30 days. I would have died for her,” the teen’s mother Lisa McCarthy said after today’s hearing. “For this to be the end result, I’m appalled. I’m appalled by the way we’ve been treated.”
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. That offense that automatically sent the case to adult court.
The jury could not agree on first-degree manslaughter charge. Instead, they convicted Huertas of the lesser second-degree manslaughter charge. That crime on its own was not serious enough to keep the case in adult court.
Huertas was 17 at the time she gave Ecstasy to McCarthy. She turns 19 tomorrow.
Prosecutors argued today that Huertas was convicted of a serious crime and her behavior since McCarthy’s death shows that she isn’t remorseful. They argued that a sentence in the juvenile system wouldn’t provide time enough to protect the community. She should be jailed longer and under supervision when she’s released to ensure adequate rehabilitation and protection, prosecutors wrote.
“The fact that she’s shown no remorse, not even a hint that she’s done anything wrong, makes her a danger to the community,” Snohomish County deputy prosecutor Coleen St. Clair said.
Huertas’ attorney Wayne Fricke said his client is remorseful. He also said she has made significant strides toward rehabilitation. She has completed drug and alcohol counseling and continues to see a mental health counselor.
“She’s climbing up the ladder. We should applaud that,” Fricke said.
Superior Court Judge Ellen Fair told Huertas that the teen showed lack of judgment and stupidity the night McCarthy died. The judge also said she believes that there is likelihood that Huertas can be rehabilitated.
“I think Ms. Huertas is on the road to recognizing her responsibility in the whole sad state of affairs,” Fair said.
Huertas, who remains free on bail, is scheduled to be sentenced Aug. 25.
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