National Roundup

Washington
Appeals court rules judge must re-examine teen murder case
MOUNT VERNON, Wash. (AP) — An 18-year-old man who pleaded guilty to second-degree murder as a 16-year-old in 2018 has had his case returned to Skagit County Superior Court.

The state Court of Appeals ruled last week that a judge must re-examine whether Cristian Alexander Quijas, who was 15 when he shot and killed another teen boy in Burlington in March 2017, should have been charged as a juvenile instead of as an adult.

The Skagit Valley Herald reports  Quijas reportedly shot Angel Estrada, 16, five times — including in the back three times — because Estrada, a rival gang member, was dating his sister.

According to state law, 16- or 17-year-olds charged with qualifying violent offenses, including murder, are automatically charged as adults.

But because Quijas was 15 at the time of the shooting, a judge had to determine whether to keep his case in the juvenile system or move it to the adult system.

In order to make that decision, a judge needed to consider eight factors, including the seriousness of the offense; the juvenile’s sophistication level and home life; any previous criminal history; and how likely the juvenile is to be rehabilitated and the public’s need for protection from them.

While not all eight of those factors needed to be ruled upon, Quijas’ lawyer alleged only one factor — the seriousness of the crime — was taken into account.

After reviewing the case however, the Court of Appeals found that Skagit County Superior Court Judge Brian Stiles had reviewed each of the eight factors, and found cause with each to transfer Quijas to the adult court system.

“This offense is a crime that the public needs heightened protection from this type of activity in our community,” Stiles wrote in his decision at the time. “... This is aggressive, violent and willful behavior.”
However, the Court of Appeals wrote, an additional claim by Quijas’ lawyer of racial bias in the criminal justice system was not addressed during that five-day hearing.


Alabama
Sheriff tries to bar gambling, drinking evidence
ATHENS, Ala. (AP) — A longtime Alabama sheriff is trying to prevent jurors in his upcoming theft trial from hearing about his gambling and drinking practices.

Lawyers for Limestone County Sheriff Mike Blakely have asked a judge to block prosecutors from using such evidence, The Decatur Daily reported Friday.

But prosecutors say Blakely made gambling part of the case by his trips to casinos, and jurors should hear the evidence. They also say they can’t control whether witnesses talk about alcohol consumption.

Blakely, 69, was indicted last year on multiple theft and ethics charges but remains in office. He pleaded not guilty and his trial is set for March 9, but a hearing on a defense request to delay the trial is set for Monday.

Blakely’s lawyers asked to exclude evidence in court documents filed under seal last month, the newspaper reported, and a response filed Wednesday by the state referenced the contents.

In a brief, Assistant Attorney General Kyle Beckman said Blakely shouldn’t be allowed to exclude evidence on gambling because the sheriff made gambling a part of the prosecution’s case by his actions.
“Blakely did that when he solicited wire transfers of cash between gambling sessions in Las Vegas and Biloxi while he was on official travel for the Limestone County Sheriff’s Office,” Beckman wrote.

Blakely “picked the scene of the crimes,” Beckman said.

Grand jurors indicted Blakely on 12 felony counts and one misdemeanor alleging he stole campaign donations, used his job to obtain interest-free loans and solicited money from employees. He has been sheriff of the north Alabama county for about 36 years.

Nevada
High court: Police body video of juveniles not open record
CARSON CITY, Nev. (AP) — The Nevada Supreme Court ruled Thursday that police body-camera video involving juveniles is not a public record.

A three-justice panel denied a national Republican political group’s bid to obtain Las Vegas police body camera video footage from a 2017 incident involving juveniles including the son of Democratic state Attorney General Aaron Ford.

The Las Vegas Review-Journal reports the justices sent part of the case back to a state court judge in Las Vegas court to decide if other records, such as the police report and witness statement, should be examined for release under state public records law.

A three-justice panel upheld a lower court ruling that the video sought by the Republican Attorney Generals Association is confidential since it involved juveniles.

The association in 2018 backed GOP attorney general candidate Wesley Duncan and sought the video at a time it was running political ads against Ford.

The association argued that parts of the video could be redacted, but Justice Lidia Stiglich said that would leave no footage to view.

Washington
State Patrol to pay Anti-Trump protester $105K
SEATTLE (AP) — The Washington State Patrol has agreed to pay $105,000 to settle a civil-rights lawsuit filed by a man who claimed he was wrongly accused of assaulting a state trooper during a 2017 protest against President Donald Trump.

Kieran Moulton Shell claimed in a federal lawsuit filed last year that he was the “victim of a blatantly false pretextual” arrest during pro- and anti-Trump rallies March 4, 2017, in Olympia.

Shell says he was falsely accused of being one of a small group of protesters who assaulted a state trooper. He spent two days in jail and months under the shadow of felony assault charges before the case was dropped because Shell proved he already was in custody — for vandalizing police “do not cross” tape — when the trooper was attacked.

The lawsuit said the pro-Trump demonstrators were “given unrestricted access to the park and law enforcement support” while the anti-Trump protesters “were restricted to a small area, roped in with police tape, and surrounded and interspersed with patrol troopers in riot gear.”

Brionna Aho, a spokeswoman for the Washington Attorney General’s Office, which defended the State Patrol in the lawsuit, referred settlement questions to the state patrol. Washington State Patrol Communications Director Chris Loftis said the agency does not comment on pending litigation.

The lawsuit says that Capt. Jonny Alexander, Sgt. Darren Wright and Trooper Guy Rosser were responsible for the arrest of Shell, purportedly for tearing yellow plastic police tape off a sawhorse that had been set up to corral the anti-Trump group.