Decision on Pruitt being tried as juvenile delayed
EPHRATA — A hearing determining whether Brandon Timothy Pruitt is tried as an adult for the March 2004 robbery and murder of a rural Grant County homeowner is delayed until May 15.
The "declination" hearing, scheduled for next week in Grant County Juvenile Court, was continued Tuesday because of the complicated nature of the case and the seriousness of the charges, Grant County Deputy Prosecutor Carole L. Highland said.
Pruitt, 17, Othello, was charged last month with first-degree murder in connection with the shooting death of Willow Lakes-area homeowner Michael B. Mallon, 79, a retired state worker and World War II Army veteran.
Authorities believe Mallon was killed when he drove up to his isolated home while it was being burglarized. His body, with a gunshot to the back of the head, was found more than seven months later, in November 2004.
Highland also filed alternative charges against Pruitt, who was 14 years old when Mallon was killed, including second-degree murder, robbery, manslaughter, residential burglary and possession of a stolen firearm.
The juvenile court cannot accept a plea from Pruitt to the charges until the declination hearing is completed.
Pruitt's brother, Dustin Gene Abrams, 23, of Moses Lake, was sentenced last week in Grant County Superior Court to 24 years in prison for Mallon's murder. Abrams entered a modified guilty plea to a reduced charge of second-degree murder. Abrams did not admit to the crime, but acknowledged a jury could convict him based on the evidence if the case proceeded.
Colleen Mallon, one of Michael Mallon's daughters, told the court during sentencing the family objects to the plea deal. The family demanded Abrams be tried on the previous charge of aggravated first-degree murder, which would've carried a mandatory life prison term. The family believes Abrams and others ambushed Mallon, shot and killed him, to cover up a robbery.
Abrams previously pleaded guilty, in June 2004, to stealing guns, coins and a generator from Mallon, receiving 30 months in prison for the theft.
Court documents, filed with charging papers against Pruitt, state the juvenile told detectives he was with Abrams when Mallon's home was robbed.
Before next month's declination hearing, which Highland said may be delayed again, prosecutors, public defender Jaime M. Hawk and Grant County Juvenile Services plan to obtain mental evaluations of Pruitt from separate experts.
Hawk said the court is guided by eight criteria known as the "Kent Factors," to determine whether Pruitt's case stays in juvenile court or is sent to superior court.
One of the primary Kent Factors in the case, the defense lawyer said, is Pruitt's sophistication and maturity. The experts, who are scheduled to testify during the declination hearing, analyze Pruitt's lifestyle, his dependency upon parents, whether he was in school or working and his emotional attitude.
Highland said she anticipates sophistication and maturity to be the central argument during the declination hearing.
Prior criminal history is another significant Kent Factor, though Pruitt was not sentenced for any crime prior to Mallon's death.
Other factors include whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner. The court weighs the seriousness of the alleged offenses to the community, along with prospects for adequate protection of the public and the likelihood of rehabilitation if found guilty of committing the crime.
The court considers whether the alleged offense was against persons or property, with greater weight given to offenses resulting in someone's injury or death.
Finally, the judge must examine prosecutorial merit, whether there is evidence upon which a grand jury may be expected to return an indictment.
If Pruitt turns 18 before a declination hearing is completed, his case is likely to be transferred to superior court, Highland said.
"We're on a tight leash because he turns 18 in September," she said.