From time to time, the Opinion section of The Herald includes letters that comment on our sentencing laws. One recent letter questioned why Thomas Wayne Gibler, having been convicted of 15 felony crimes, was not prosecuted under the three-strikes law and sentenced to life imprisonment. Today, I offer a brief overview of Washington state’s felony sentencing laws in an effort to correct some misunderstandings about them.
Washington has a “determinate” sentencing system. It is enacted by our Legislature and judges and county prosecutors are bound to follow these laws. In general, the laws dictate that the punishment for a felony crime is determined by the seriousness of the offense, as ranked by the Legislature, and the criminal history of the offender. These two factors are plotted on a sentencing grid to determine the sentencing range from which a judge may sentence a defendant. The higher the seriousness level for the offense, the longer the confinement time will be. And within each level of seriousness, the more prior felony convictions the offender has, the longer the confinement time will be.
For example, an offender who commits a Seriousness Level I felony, such as Attempting to Elude a Pursuing Police Vehicle or Second Degree Theft (theft over $750), who has no criminal history, will generally be sentenced to confinement for 0 to 60 days. However, if that offender has nine prior felony convictions, the offender may be sentenced to confinement anywhere between 22 to 29 months. On the other hand, an offender who commits a Seriousness Level XV felony, such as First Degree Murder, who has no criminal history, will be sentenced to confinement for 240 to 320 months. If that offender has nine prior felony convictions, the offender will be sentenced to confinement for 411 to 548 months.
There are sentencing alternatives and sentencing exceptions that apply to some offenders that deviate from these general guidelines. These alternatives and exceptions also are determined by the Legislature. One of those exceptions is Washington’s version of the three-strikes law, which requires life imprisonment upon the third conviction of a three-strike offense. Some other states have a three-strikes law, and those other state laws do not necessarily operate the same way that our law does. In our state, only the most serious felony offenses (again, as set forth by the Legislature) are strike offenses. They are set forth in the Revised Code of Washington, Title 9.94A.030(32). Attempting to Elude a Pursuing Police Vehicle, Second Degree Theft, and many other felony crimes are not strike offenses. In addition, Washington has a two-strike law, which requires life imprisonment upon the second conviction of a two-strike offense. Only the most serious felony sex offenses and some other most serious violent offenses with sexual motivation have been defined by the Legislature as two-strike offenses. They are set forth in the Revised Code of Washington, Title 9.94A.030(37).
So, the answer to the question of why Thomas Wayne Gibler, having been convicted of 15 felony crimes, was not prosecuted under the three-strikes law and sentenced to life imprisonment, is simply that Gibler was sentenced in accordance with the law set by the Legislature. Life imprisonment was not an option available to the prosecutor or the judge. Washington’s three-strike and two-strike laws only apply to the most heinous felony crimes.
Whether you believe the sentencing laws of our state are too lenient or too harsh, it is your legislators who have the authority to make a change, not your local prosecutor or judge. Over the last 25 years, the Legislature has made numerous changes to our felony sentencing laws. Beyond the public policy questions of whether the change would be good or bad for us, the Legislature also must consider the cost to the taxpayer if the change happens.
Joan T. Cavagnaro is Snohomish County’s chief criminal deputy prosecutor.
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
