WA - Gabriel Davies, 16, Found Safe - Then Charged With Murder, Olympia, 30 Aug 2022

[Marysmith]

I'm not sure there is any difference in what sentence is being asked for each defendant. The article was focused on the local kid Davies, so pointed out what they wanted and what might happen with him. But from other accounts, it sounds like they each are being given the exact same deal. Since they did the same crime(s), why wouldn't they?

The deal is that a) they plead guilty, (b) the DA will make a recommendation to the judge for a sentence of 123 months, within guidelines, and (c) then the judge will decide whatever he thinks is best (which could be outside the DA limits).

The following quite is illuminating, and explains why there is mention of different possibilities.

"Prosecutors will recommend Davies be sentenced to the low end of the standard range, though [Judge] Quinlan noted he can impose a different sentence. The maximum term Davies and Yoon could see is life in prison."

Read more at: https://www.thenewstribune.com/news/local/crime/article278867199.html#storylink=cpy

BTW It shocked me to hear these perps are being allowed to skate so lightly on such a cold-blooded killing. Only 10 years for breaking into a man's house, stealing his stuff, and murdering him? Goodness. If he was my family, I would be outraged.

It was cold blooded. And premeditated!

 

[Seattle1]

BTW It shocked me to hear these perps are being allowed to skate so lightly on such a cold-blooded killing. Only 10 years for breaking into a man's house, stealing his stuff, and murdering him? Goodness. If he was my family, I would be outraged.

^^rsbm

I was discussing the same earlier in comparison to the two HS students (also 16) in Iowa who murdered their Spanish teacher (Nohema Graber), over a grade one of the students believed would have a negative impact on his GPA.

Similar co-defendants where one teen had the motive and the other just followed along like a good soldier.

The Iowa teens pleaded guilty and the teen who planned the murder was sentenced to life with the possibility for parole after serving 35 years.

The follower will be sentenced in November and the prosecutor is said to be recommending parole after serving 25 years after the teen cooperated with investigators.

Yes, 10 years for the brutal homicide of Mr. McCaw is crazy!

 

[Marysmith]

^^rsbm

I was discussing the same earlier in comparison to the two HS students (also 16) in Iowa who murdered their Spanish teacher (Nohema Graber), over a grade one of the students believed would have a negative impact on his GPA.

Similar co-defendants where one teen had the motive and the other just followed along like a good soldier.

The Iowa teens pleaded guilty and the teen who planned the murder was sentenced to life with the possibility for parole after serving 35 years.

The follower will be sentenced in November and the prosecutor is said to be recommending parole after serving 25 years after the teen cooperated with investigators.

Yes, 10 years for the brutal homicide of Mr. McCaw is crazy!

I hope the judge gives Davies more.

 

[MrsWatson]

I'm still interested in the "Why?" in this case.

It does seem like a fairly light sentence recommendation for both.

 

[Seattle1]

I'm still interested in the "Why?" in this case.

It does seem like a fairly light sentence recommendation for both.

Gabriel Davies, 17, and Justin Yoon, 17, face 10 years in prison for the murder of Daniel McCaw. They will be officially sentenced on Nov. 6.
KING5

Darn it! Although I posted the court docket with sentence date at 11/3/23, I mistakenly relied on the date I read on King5 News for Monday, 11/6/23, and was planning to attend the sentencing and now I missed collecting the docs from the court kiosk. Seems there were many pages filed in the last 30+ days:

Defendant: Gabriel Michael Davies

10/31/2023	MEMORANDUM RE SENTENCING	Public	9
10/31/2023	LETTER IN/FOR SUPPORT	Public	35
10/31/2023	REPORT FROM TREATMENT	Public	62
11/01/2023	VICTIM STATEMENT	Public	14
11/02/2023	LETTER IN/FOR SUPPORT	Public	10

11/03/2023 01:30 PM

Susan B. Adams

11

SENTENCING DATE

HELD

Pierce County Superior Court Criminal Case 22-1-02518-4

 

[Seattle1]

Pierce County Superior Court Criminal Case 22-1-02517-6

Pierce County Superior Court Criminal Case 22-1-02517-6

Defendant:

JUSTIN JIWOON YOON

11/01/2023	MEMORANDUM RE SENTENCING	Public	335
11/01/2023	VICTIM STATEMENT	Public	14

OK, I guess when comparing the docs for each since the plea agreements were entered, Yoon had a 335pg Sentencing Memorandum and no letters of support, etc.

 

[Seattle1]

Pierce County teens sentenced to 12 years following staged disappearance, murder plot

Two Pierce County teenagers will spend 12 years in prison for the killing of an Orting man in September 2022.

komonews.com

11/3/23

OLYMPIA, Wash. — Two Pierce County teenagers will spend 12 years in prison for the killing of an Orting man in September 2022.

Gabriel Davies, 17, and Justin Yoon, 17, had both pleaded guilty in adult court to the murder of Daniel McCaw, 51.

Davies and Yoon agreed to a sentencing recommendation of 123 months. A judge then added 27 months to their sentences, for a total of 150 months behind bars.

 

[Seattle1]

Teens who pleaded guilty in Orting man's murder to be sentenced

Gabriel Davies and Justin Yoon, both 17, admitted to being involved in the killing of a 51-year-old man last year.

www.king5.com

12 yrs and 33 months probation for each....

Heartbreaking to hear the victims mother -- "age should not reward them... they should be doing life."

 

[Seattle1]

Pair of teens who killed Orting man, staged disappearance sentenced to over 12 years

One of the two teens initially made headlines last year after disappearing under "suspicious circumstances" in Thurston County.

www.kiro7.com

 

[Seattle1]

https://www.thenewstribune.com/news/local/crime/

 

[Seattle1]

To date, the only motive disclosed by Davies was the unproven allegation of the threats from a motorcycle gang which were obviously rubbish! Seems part of this sentencing gift each defendant received should have required being truthful. JMO

 

[Charlot123]

Deleted

 

[NeverPersonal]

To date, the only motive disclosed by Davies was the unproven allegation of the threats from a motorcycle gang which were obviously rubbish! Seems part of this sentencing gift each defendant received should have required being truthful. JMO

The only thing I have seen about the victim that would suggest any sort of motive (outside of the crazy biker stuff) was that Davies' dad said the victim was aggressive toward the children he shared with victim's (now ex) fiance, and even threatened his daughter's boyfriend. I wonder if Davies was recommended for a lighter sentence because Yoon was his best friend and suggested his former stepdad and Davies went along with it, thinking they were just stealing something, but then Yoon killed him. Shrug. I don't know. I wish we knew more

 

[Seattle1]

The only thing I have seen about the victim that would suggest any sort of motive (outside of the crazy biker stuff) was that Davies' dad said the victim was aggressive toward the children he shared with victim's (now ex) fiance, and even threatened his daughter's boyfriend. I wonder if Davies was recommended for a lighter sentence because Yoon was his best friend and suggested his former stepdad and Davies went along with it, thinking they were just stealing something, but then Yoon killed him. Shrug. I don't know. I wish we knew more

I can see that but it had already been several years since Davies dad was granted custody of his kids and they no longer lived with the victim.

The most current event was the relationship between the victim and Davies mother had ended and she moved out.

I dunno -- unless Davies and Yoon witnessed the mother crying in her soup during the camping weekend and decided that night they were driving to Orting to seek revenge for those tears --- It's crazy what and how they did this.

Maybe there's answers in Davies 62 pg "Report from Treatment."

 

[Charlot123]

I think so too so why would he get less time?

Maybe his family has lived in Thurston/Pierce County longer and is better known there? JMO.

 

[Kemug]

So, they will still be in their 20's when they get out. Still young, still immature probably, and probably resentful of having been imprisoned. Plenty young enough to find a woman and have kids - who may have no idea of who these young men are. I'm sure they will make wonderful husbands and fathers - not. We shall see.

 

[Seattle1]

So, they will still be in their 20's when they get out. Still young, still immature probably, and probably resentful of having been imprisoned. Plenty young enough to find a woman and have kids - who may have no idea of who these young men are. I'm sure they will make wonderful husbands and fathers - not. We shall see.

I find the plea deal and sentencing very strange for two defendants that were going to be charged as adults. I can't imagine how the family of the victim must feel about this 'slap on the wrist.'

In Iowa, we have two teens (also juveniles being tried as adults) who killed their HS teacher because one of the students did not receive the grade he wanted (his motive), and asked his co-defendant to tag along on the planned attack as his "look-out." IMO, it sounds like this was similar to Davies having a possible beef with the victim here.

In the Iowa case, the teens took plea deals after JG, the look out, decided to cooperate with the prosecution and agreed to testify against his friend, WM.

JG was sentenced last week to life (per Iowa statute for first degree murder) but he will be eligible for release after serving 25 years. His co-defendant, WM, -- the motivator for the murder was sentenced earlier to life but he will not be eligible for release until he completes 35 years. He's currently appealing his sentence.

150 months for the WA teens is a far cry from 25 & 35 years incarceration imposed for the IA teens.

However, as the Iowa judge who went out of his way to recognize the difference between the two defendants in this case (i.e., remorseful JG vs WM who denied he ever swung the bat at his teacher), the Judge stated the law provided for him to sentence JG at 25 years for determent which he believed was important.

In the case of teens killers, I could not agree more with the Iowa Judge and that 25 year sentence will serve to deter others like him from thinking they can murder and receive a slap on the wrist.

IMO, 12.5 year sentences for Davies and Yoon are not sending the right message at all.

Co-defendant, now 18, gets at least 25 years for 2021 murder of Fairfield Spanish teacher

Jeremy Goodale was sentenced to 25 years for helping Willard Miller murder Iowa teacher Nohema Graber. Miller received at least a 35-year sentence.

www.desmoinesregister.com