GUILTY WA - Kassanndra Cantrell, 33, pregnant, found deceased, Parkland, 25 Aug 2020 *Arrest* #2

[ivegotthemic]

Morning guys,
I just want to fix a quick few things:

there is NO constitutional right to bail for anyone. However, if bail is set, it must past 8th amendment muster as far as cruel and unusual punishment is concerned.

nearly everyone pleads guilty at arraignment. I’d pass out from shock if a murder defendant walked up in court three days after his arrest and plead guilty to murder. That would be the most ineffective assistance of counsel known to man.

The prosecution never needs to prove motive, though juries do love motive, especially in a case of this magnitude.

I might have missed a thing or two from stuff that caught my attention as I read through the last few pages, but feel free to ask me any questions.

Hey Rio, third-year law student hear, hoping to get your expert analysis on something I found a little confusing. So I was looking into Washinton criminal law and found case law stating:

“No Washington criminal case has ever included ‘unborn child’ or fetus in its definition of person.” It also observed that when the legislature intends to include an unborn child within a class of criminal victims, it specifically includes language to indicate a departure from “the typical definition of a child as a person from the time of birth to age 18.” State v. Besabe, 166 Wash. App. 872, 271 P.3d 387 (2012).

Which made me think regardless of the stage of pregnancy, they would not be able to file charges criminally for unborn children, but I also found:

For purposes of statute governing actions for the injury or death of a child, a viable unborn child is included in the statutory definition of “minor child.”  Fast v. Kennewick Public Hospital District (2016) 187 Wash.2d 27, 384 P.3d 232

So I was hoping to get some clarity, does this mean criminal charges could be brought if the pregnancy was farther along/if the unborn child COULD have survived at the time of the crime (regardless of whether a birth occurred)? I know they've stated they were unable to determine if KC was pregnant in this case, I'm just curious if a definitive finding would have made a difference. Hopefully, that makes sense and I haven't just wildly confused the issue, which Im totally willing to accept is possible lol. Thanks in advance

 

[Seattle1]

Morning guys,
I just want to fix a quick few things:

there is NO constitutional right to bail for anyone. However, if bail is set, it must past 8th amendment muster as far as cruel and unusual punishment is concerned.

nearly everyone pleads guilty at arraignment. I’d pass out from shock if a murder defendant walked up in court three days after his arrest and plead guilty to murder. That would be the most ineffective assistance of counsel known to man.

The prosecution never needs to prove motive, though juries do love motive, especially in a case of this magnitude.

I might have missed a thing or two from stuff that caught my attention as I read through the last few pages, but feel free to ask me any questions.

Good to see you here @riolove77 and thanks for clarifying some important matters.

 

[MoeInVA]

According to the charges filed today, there are aggravating factors here including that KC was pregnant and his obvious planning. He's looking at life in prison, no question. I don't think RC was aware of the actual charges when speaking with TG.

I was very glad to see the prosecutor lay out aggravating factors. However, I noticed that the charge was listed as "first degree murder". So if the charge was Aggravated First Degree Murder, wouldn't that be listed instead of First Degree Murder?? I assumed so, but anyone know for sure? @riolove77

What RC said still may be correct re: sentencing, but regardless glad to see the prosecutor pushing aggravation. And I hope LE continues to work toward a charge of aggravated first degree murder.

I looked up the sentencing guidelines and what RC stated seems to be correct. A suspect with no prior criminal record would be sentenced to 20-30 years for 1st degree murder. In order to enhance that sentence due to aggravating factors it appears there are three main ways to do that.

WA State Sentencing Manual: http://www.cfc.wa.gov/PublicationSentencing/SentencingManual/Adult_Sentencing_Manual_2019.pdf (p68 discusses exceptional sentences)

1) Aggravating factors must match those in the statute for aggravated first degree murder. That list is "not illustrative"- it must fit one of those legal definitions. (Hopefully the prosecution is continuing to try to get one of these JMO)
"Unlike mitigating circumstances, an exceptional sentence that is aggravated must be based on one or more of the circumstances listed in the statute. The list is not
illustrative."

2) Jury finding: A jury finds there are aggravating factors per statutes (this links to statutes - which I am guessing is referring to the same statutes as above but I haven't looked them up yet - feel free to do so! Clearly a jury would bring the hammer down on CD for aggravating circumstances if possible, but it may come down to statutes that the state and judge are required to follow (?) JMO)
"The court may also impose an exceptional sentence above the standard range if the procedures specified in RCW 9.94A.537 are followed and a jury makes findings of
fact supporting any of the aggravating circumstances found in RCW 9.94A.535(3)"

3) Plea Deal: A longer Sentence May be Imposed if Defense and Prosecution Agree to a Heavier Sentence
"The court may impose an aggravated exceptional sentence without a finding of fact by a jury if the defendant and state both stipulate that justice is best served by an
exceptional sentence and the court agrees that the stipulation is in the interest of justice and consistent with the Sentencing Reform Act under RCW 9.94A.535(2)."
So JMO - this is where a plea deal could potentially make sense for both sides. If the prosecution is concerned about proving aggravated or having an exceptional sentence overturned, they could reach a plea deal for like 35 years.

I also noticed that the guidelines seem to indicate that sentences for any additional crimes as part of the same act/ against same victim would run concurrently. I do wonder if there could be additional time added for obstruction of justice, lying to LE. JMO - I am not a lawyer or Subject Matter Expert. Just a Sleuther

 

[bestill]

Regarding the charges I too am curious why there aren't other charges related to desecration of a corpse since she was reported to be found in garbage bags, if I'm not mistaken. Or obstruction of justice by impeding the investigation.

 

[Seattle1]

I was very glad to see the prosecutor lay out aggravating factors. However, I noticed that the charge was listed as "first degree murder". So if the charge was Aggravated First Degree Murder, wouldn't that be listed instead of First Degree Murder?? I assumed so, but anyone know for sure? @riolove77

What RC said still may be correct re: sentencing, but regardless glad to see the prosecutor pushing aggravation. And I hope LE continues to work toward a charge of aggravated first degree murder.

I looked up the sentencing guidelines and what RC stated seems to be correct. A suspect with no prior criminal record would be sentenced to 20-30 years for 1st degree murder. In order to enhance that sentence due to aggravating factors it appears there are three main ways to do that.

WA State Sentencing Manual: http://www.cfc.wa.gov/PublicationSentencing/SentencingManual/Adult_Sentencing_Manual_2019.pdf (p68 discusses exceptional sentences)

1) Aggravating factors must match those in the statute for aggravated first degree murder. That list is "not illustrative"- it must fit one of those legal definitions. (Hopefully the prosecution is continuing to try to get one of these JMO)
"Unlike mitigating circumstances, an exceptional sentence that is aggravated must be based on one or more of the circumstances listed in the statute. The list is not
illustrative."

2) Jury finding: A jury finds there are aggravating factors per statutes (this links to statutes - which I am guessing is referring to the same statutes as above but I haven't looked them up yet - feel free to do so! Clearly a jury would bring the hammer down on CD for aggravating circumstances if possible, but it may come down to statutes that the state and judge are required to follow (?) JMO)
"The court may also impose an exceptional sentence above the standard range if the procedures specified in RCW 9.94A.537 are followed and a jury makes findings of
fact supporting any of the aggravating circumstances found in RCW 9.94A.535(3)"

3) Plea Deal: A longer Sentence May be Imposed if Defense and Prosecution Agree to a Heavier Sentence
"The court may impose an aggravated exceptional sentence without a finding of fact by a jury if the defendant and state both stipulate that justice is best served by an
exceptional sentence and the court agrees that the stipulation is in the interest of justice and consistent with the Sentencing Reform Act under RCW 9.94A.535(2)."
So JMO - this is where a plea deal could potentially make sense for both sides. If the prosecution is concerned about proving aggravated or having an exceptional sentence overturned, they could reach a plea deal for like 35 years.

I also noticed that the guidelines seem to indicate that sentences for any additional crimes as part of the same act/ against same victim would run concurrently. I do wonder if there could be additional time added for obstruction of justice, lying to LE. JMO - I am not a lawyer or Subject Matter Expert. Just a Sleuther

The charges are written pursuant to First Degree Murder pursuant to RCW 9.94A.535 --Departures from the guidelines.

The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

The charges further provide the crime was aggravated by
the following circumstances, and results in a presumptive sentence that is clearly too lenient.
(3) Aggravating Circumstances - Considered by a Jury - Imposed by the Court:

Pursuant to RCW 9.94A.535(3)(c), the current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant, pursuant to RCW 9.94A.535(3)(m), the offense involved a high degree of sophistication or planning, and against the peace and dignity of the State of Washington.

In my experience, given a choice for the aggravating circumstances to be decided by the court or the jury, I much prefer the jury. I want the jury to hear how CD methodically planned and prepared to end KC's life --all the while she was taking extra time to make herself look nice to meet her alleged killer.

RCW 9.94A.535: Departures from the guidelines.

 

[oviedo]

I purchased the two court documents online. Reading over them now. Ill have an update shortly.

Edit - For my post earlier about the stab wound and skull fractures, that seems to be taken from the Declaration for determination of Probable Cause. In that court document I see the following.

Direct quote from said declration

GRAPHIC CONTENT
“On September 23, 2020, the Pierce County Medical Examiner began the autopsy of the body, which was in an advanced state of decomposition, and was mostly skeletonized. There was no soft tissue left in the neck, chest, abdominal, or pelvic cavities; ..”
Wow had no idea it would happen so quickly

 

[Skullfire]

Regarding the charges I too am curious why there aren't other charges related to desecration of a corpse since she was reported to be found in garbage bags, if I'm not mistaken. Or obstruction of justice by impeding the investigation.

RCW 68.50.050: Removal or concealment of body—Penalty. - It looks like to be charged with that the remains first need to be in the custody of the corner or medical examiner. I could be wrong. He cant be charged with Obstruction of justice if he doesn't cooperate with investigators. His 5th amendment right means he doesn't have to answer any self incriminating questions.

GRAPHIC CONTENT
“On September 23, 2020, the Pierce County Medical Examiner began the autopsy of the body, which was in an advanced state of decomposition, and was mostly skeletonized. There was no soft tissue left in the neck, chest, abdominal, or pelvic cavities; ..”
Wow had no idea it would happen so quickly

According to weather history, the temperature from August 26th-31st was 77-69 degrees. From September 1st through the 10th it goes from 81 to 91 degrees, drops down to 60 on the 13th, then stays steady around that time 65-70 degrees. I would imagine that being in the black garbage bags would speed up the decomposition. Theres probably loose blood in there to create some moisture as well. People use black trash bags to help heat their pool just by letting the sun hit it. Just my thoughts.

 

[MoeInVA]

The charges are written pursuant to First Degree Murder pursuant to RCW 9.94A.535 --Departures from the guidelines.

The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

The charges further provide the crime was aggravated by
the following circumstances, and results in a presumptive sentence that is clearly too lenient.
(3) Aggravating Circumstances - Considered by a Jury - Imposed by the Court:

Pursuant to RCW 9.94A.535(3)(c), the current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant, pursuant to RCW 9.94A.535(3)(m), the offense involved a high degree of sophistication or planning, and against the peace and dignity of the State of Washington.

In my experience, given a choice for the aggravating circumstances to be decided by the court or the jury, I much prefer the jury. I want the jury to hear how CD methodically planned and prepared to end KC's life --all the while she was taking extra time to make herself look nice to meet her alleged killer.

RCW 9.94A.535: Departures from the guidelines.

Got it ... first degree murder with exceptional circumstances. Good!

 

[UsernameRequired]

GRAPHIC CONTENT
“On September 23, 2020, the Pierce County Medical Examiner began the autopsy of the body, which was in an advanced state of decomposition, and was mostly skeletonized. There was no soft tissue left in the neck, chest, abdominal, or pelvic cavities; ..”
Wow had no idea it would happen so quickly

Yes, we had some extreme temps and humidity for Tacoma during the last month. We also had some crazy forest fires that rarely happen in this area due to the heat and dryness.

And for those wondering how he was able to dump her in that area of University Place without anyone noticing, the GPS data showed he stopped at that location around 6am .. sunrise was not till around 6:20am so it would still have been quite dark with few people out. That road is busy but it would have only taken a few mins to pull over and dump her body into that gulch because it was so close to the road.

 

[Blue Ridge]

GRAPHIC CONTENT
“On September 23, 2020, the Pierce County Medical Examiner began the autopsy of the body, which was in an advanced state of decomposition, and was mostly skeletonized. There was no soft tissue left in the neck, chest, abdominal, or pelvic cavities; ..”
Wow had no idea it would happen so quickly

This will be graphic as well........



I have learned during my time at WS...that an area of the body decomposes much faster if it is wounded/opened/injured, compared to an intact body or area of the body. So that makes me wonder....had her torso been cut open? If it turns out her arms and legs are not skeletonized and are much less decomposed than the torso....could she have been cut open to remove the fetus (evidence of pregnancy)? Sorry

MOO

 

[MissMYB]

Most of us are all thinking that same thing.

 

[Skullfire]

This will be graphic as well........



I have learned during my time at WS...that an area of the body decomposes much faster if it is wounded/opened/injured, compared to an intact body or area of the body. So that makes me wonder....had her torso been cut open? If it turns out her arms and legs are not skeletonized and are much less decomposed than the torso....could she have been cut open to remove the fetus (evidence of pregnancy)? Sorry

MOO

WS?

And that just makes everything more darker right there. It was a thought that crossed my mind but seeing someone confirm that its most likely the case...damn. With the skull fractures, which came first? It sounds more brutal thinking that about it.

 

[UsernameRequired]

Our local news just aired this piece this morning regarding the vigil last night and mentioned the "special enhancement charges".

New details in Kassanndra Cantrell case come to light as suspect formally charged

"While Dudley is only charged with one count of first-degree murder, there is a special enhancement to that charge because Kassanndra was pregnant."

 

[Snowball57]

I can’t stop thinking about something that happened 2-3 weeks ago (can’t remember the exact day). While driving down Chambers Creek (as we do almost every day), from UP down to Steilacoom, my daughter and I smelled a terrible smell from along the upper ravine area all the way down to the reservoir bridge. Because we’ve had so many bodies turn up in the water over the past year (3 or 4), I commented that I hope it’s not a body. I literally said that . We agreed that probably a large animal, maybe a deer, had died nearby because the odor dissipated by the time we got south of the reservoir, but for both of us it was the worst smell we’d ever encountered and had to turn the car vents off. It was definitely a decomposing something - very different from the usual “smells of the sea” you sometimes get living near the water. I’m sure other locals noticed the odor that day too, it was distinct.

I feel horrible to think what it may have been, and hope it was not that. I had completely forgotten about it, but DD mentioned it last night when we were talking about the case and reminded me.

 

[MsBetsy]

GRAPHIC CONTENT
“On September 23, 2020, the Pierce County Medical Examiner began the autopsy of the body, which was in an advanced state of decomposition, and was mostly skeletonized. There was no soft tissue left in the neck, chest, abdominal, or pelvic cavities; ..”
Wow had no idea it would happen so quickly

Well, the body was unburied, wrapped in plastic and the temperatures were mild so decomposition would have happened at a faster rate. Usually by the fourth week a body starts to liquify. There must have been some flesh, since apparently they recognized her tattoo.

 

[riolove77]

Hey Rio, third-year law student hear, hoping to get your expert analysis on something I found a little confusing. So I was looking into Washinton criminal law and found case law stating:

“No Washington criminal case has ever included ‘unborn child’ or fetus in its definition of person.” It also observed that when the legislature intends to include an unborn child within a class of criminal victims, it specifically includes language to indicate a departure from “the typical definition of a child as a person from the time of birth to age 18.” State v. Besabe, 166 Wash. App. 872, 271 P.3d 387 (2012).

Which made me think regardless of the stage of pregnancy, they would not be able to file charges criminally for unborn children, but I also found:

For purposes of statute governing actions for the injury or death of a child, a viable unborn child is included in the statutory definition of “minor child.”  Fast v. Kennewick Public Hospital District (2016) 187 Wash.2d 27, 384 P.3d 232

So I was hoping to get some clarity, does this mean criminal charges could be brought if the pregnancy was farther along/if the unborn child COULD have survived at the time of the crime (regardless of whether a birth occurred)? I know they've stated they were unable to determine if KC was pregnant in this case, I'm just curious if a definitive finding would have made a difference. Hopefully, that makes sense and I haven't just wildly confused the issue, which Im totally willing to accept is possible lol. Thanks in advance

it’s possible they could have at a later stage. In the Watts case we saw a charge of unlawful termination of pregnancy. So I’m not sure if Washington has a similar law they could use, should they be able to conclude she was in fact pregnant.

 

[wary]

Regarding the charges I too am curious why there aren't other charges related to desecration of a corpse since she was reported to be found in garbage bags, if I'm not mistaken. Or obstruction of justice by impeding the investigation.

My first thought is that they feel that they have such a solid case for 1st degree murder that they don’t even want to bother with the small stuff. Just my first guess.

 

[Maddy01]

This will be graphic as well........



I have learned during my time at WS...that an area of the body decomposes much faster if it is wounded/opened/injured, compared to an intact body or area of the body. So that makes me wonder....had her torso been cut open? If it turns out her arms and legs are not skeletonized and are much less decomposed than the torso....could she have been cut open to remove the fetus (evidence of pregnancy)? Sorry

MOO

Maybe he tried to cut her abdomen? But honestly unless someone has had experience with a cadaver or live human, he probably had no idea what he was looking at. Especially with a pregnancy so early on. I don’t think most people would be able to figure it out.

Someone posted about how they wondered how she felt in the moment? I know it’s morbid, or scary to imagine being stabbed. I have asked people what it felt like that have been stabbed. Neither mentioned feeling the pain of the wounds. They both said it just felt like they’re suffocating and can’t breathe due to blood loss.

 

[MoeInVA]

I didn’t note new info, but coverage of vigil:

New details in Kassanndra Cantrell case come to light as suspect formally charged

Family, friends gather in Tacoma to remember the life of Kassanndra Cantrell

ETA: I also got an alert that any extra money in the will go to chihuahua rescue, a cause close to KC who rescued her chihuahuas.

 

[Charlot123]

The charges are written pursuant to First Degree Murder pursuant to RCW 9.94A.535 --Departures from the guidelines.

The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

The charges further provide the crime was aggravated by
the following circumstances, and results in a presumptive sentence that is clearly too lenient.
(3) Aggravating Circumstances - Considered by a Jury - Imposed by the Court:

Pursuant to RCW 9.94A.535(3)(c), the current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant, pursuant to RCW 9.94A.535(3)(m), the offense involved a high degree of sophistication or planning, and against the peace and dignity of the State of Washington.

In my experience, given a choice for the aggravating circumstances to be decided by the court or the jury, I much prefer the jury. I want the jury to hear how CD methodically planned and prepared to end KC's life --all the while she was taking extra time to make herself look nice to meet her alleged killer.

RCW 9.94A.535: Departures from the guidelines.

if it is proven that the live-in knew about the murder, and that his messages about ADT had another hidden meaning, could it be viewed as criminal conspiracy? This could be an aggravating circumstance. MOO.