Chiv posts a legal analysis of the sentence by former Deputy District Attorney and Humboldt criminal defense attorney Allan Dollison.
Dollison claims that MK was only sentenced for the death of one victim, not two, because the judge applied section 654 inaccurately. I recommend reading his entire analysis before he writes:
The California Supreme Court has stated, “We have long held that ‘the limitations of section 654 do not apply to crimes of violence against multiple victims.’ [Citation.] As we have explained: ‘The purpose of the protection against multiple punishment is to insure that the defendant's punishment will be commensurate with his criminal liability. A defendant who commits an act of violence with the intent to harm more than one person or by a means likely to cause harm to several persons is more culpable than a defendant who harms only one person.
For example, a defendant who chooses a means of murder that places a planeload of passengers in danger, or results in injury to many persons, is properly subject to greater punishment than a defendant who chooses a means that harms only a single person. This distinction between an act of violence against the person that violates more than one statute and such an act that harms more than one person is well settled. Section 654 is not “․ applicable where ․ one act has two results each of which is an act of violence against the person of a separate individual.” [Citations.]’ [Citation.]” (People v. Oates (2004) 32 Cal.4th 1048, 1063; see People v. Shaw (2004) 122 Cal.App.4th 453, 459; People v. Pantoja (2004) 122 Cal.App.4th 1, 16.)”
So the Court absolutely got it wrong by denying punishment for the second victim in this case. Those community members who have spoken out on social media about the leniency of the sentence were correct in one part that the Court was required to give out more time to account for both victims.
Fortunately there is something that can be done about this. All the DAs office has to do is to file a Notice of Appeal of the sentence and then the CA Attorney General’s Office will work to have this obvious sentence error corrected.
For all those that would like to see that happen, I strongly encourage the DA’s office to take that step.
Justice for both victims must be obtained. Errors by the Court must be corrected.
The DA’s office has 60 days from September 18 to file that Notice."
Words Worth: Was 8 years all Marci Kitchen receive? A legal analysis calling out the Court and how the DA's office can fix the sentencing error
Here’s hoping, but I won’t hold my breath.