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Grant County cities ask for more prosecutors

by Candice Boutilier<br>Herald Staff Writer
| December 3, 2007 8:00 PM

MOSES LAKE - The Association of Grant County Cities and Towns unanimously passed a resolution requesting Grant County fund two additional prosecutors to combat gang activity.

Representatives for the cities of Ephrata, Moses Lake, Quincy, Soap Lake, Warden and Wilson Creek met as the association Thursday to address the issues of juvenile crime and gang activities.

Warden Mayor Roldan Capetillo said it's upsetting to see gang graffiti slathered on his town. He said the juvenile vandals who do get arrested don't get a serious enough punishment.

"These kids come back to town. They get slapped on the hand a couple times and they're back at it," he said. "They just keep coming back to us."

Warden Councilmember Tony Massa said it is discouraging to police who arrest juvenile criminals only to see them back on the street almost immediately.

"The kids just laugh in (officers' faces), I mean literally, just laugh in their face," he added.

Capetillo said approximately two weeks ago a juvenile was arrested and released shortly afterward on a Friday due to lack of prosecution. That Friday, Saturday and Sunday, the same juvenile vandalized about 20 blocks with gang names and foul language, he said.

Capetillo says the community is wondering if there is a point to reporting the crimes if the suspects are released so fast with close to no consequences. He said the police catch the criminals, but prosecution can't do anything with the juveniles.

Grant County Prosecutor John Knodell said the juvenile justice system in Grant County is flawed. Juveniles go to court and are viewed as a client by public defenders.

"We're teaching these kids that there's no consequences for their actions," he said.

There are half as many prosecutors to public defenders, Knodell said. More public defenders results in less prosecution due to the amount of time they can demand on the prosecutors, he added. Public defenders are drowning them in motions and extensions for the misdemeanor crimes, Knodell added.

When choosing between which crimes to prosecute, the prosecutors are forced to handle more serious crimes than property damage such as felonies including murder, rape and child molestation, he said.

"We don't have time to do more than felonies," Knodell said.

Knodell said the addition of two more prosecutors would help level the ratio of public defenders to prosecutors, allowing more focus on misdemeanor crimes. To get more jail time for juveniles, more prosecution is needed to build an extensive criminal history rather than letting them go with little to no punishment, he said.

"The kids think they're bulletproof," Knodell said.

Moses Lake Police Chief Dean Mitchell said his officers are feeling frustrated with the lack of prosecution for juveniles.

He said a 16-year-old juvenile arrested for a recent homicide is being charged as an adult because as a juvenile he would have received a sentence of 30 days.

Knodell said it is a small portion of people causing the majority of the crime in Grant County.

He said there is an issue concerning prison and jail space. Room is made available for those convicted of violent crimes, allowing those convicted of misdemeanor crimes to have a shorter stay due to lack of space.

He said public defenders play a role in overcrowding because their client sometimes stays in jail while waiting for trial. If the process were expedited, they wouldn't be in the jail because they would be transported to another juvenile facility to serve their time.

Misdemeanor criminals must be prosecuted numerous times to hand down a lengthier prison sentence, he said.

The first two or three times a juvenile is prosecuted for a misdemeanor crime, they may receive community service, he said. Jail time comes several prosecutions later. The first time a juvenile is prosecuted, they should be doing jail time, he said. The court system is teaching young criminals what they did is not their fault and they need counseling to cure their ailment.

Moses Lake Councilmember Brent Reese asked if the juvenile facility is as full as other facilities.

Knodell said it is fairly full, for example, a juvenile convicted of being a minor in possession of alcohol will not serve any jail time.

He said he believes the Grant County judges could hand out stiffer sentences.

Knodell said he recalls a woman who owned a beauty salon in Moses Lake and over the course of a month was broken into about eight or nine times by the the same person. In court the victim said she felt like she was being terrorized for a month, never knowing what to expect when she came in each morning. She often walked into a trashed building with missing items. He said she probably lost a lot of clientele, ruining her business.

He said the juvenile was finally caught and received 10 days in jail because he had already served the time and was released.

The judge allowed the charges to be removed from his criminal record once he became an adult, alleviating him of a criminal record, he said. Knodell said the charges needed to remain on the criminal's record for when he is arrested again. It would help a judge give the criminal a longer sentence.

Knodell vowed a promise to prosecute juveniles to the full extent the law allows for all misdemeanor and gross misdemeanor crimes to get maximum jail sentences.

"The best thing we can do for the kids is put the fear of God in them to (deter them from crime)," he said.