Judge rules killer cannot sue his victim’s widow

A convicted killer will not be allowed to sue the wife of his victim for defamation, a Pierce County Superior Court judge ruled Friday. The elected county prosecutor called the case the first of its kind in Washington state.

Larry Shandola, who was convicted of murder in 2001, claimed that the wife of his victim, two of her friends and her victim advocate unfairly prevented his transfer to a prison in Canada by writing an unfavorable letter to the State Department of Corrections.

Shandola filed a lawsuit against all four, seeking $50,000 in damages from each person. He acted as his own attorney Friday and presented his arguments to the court via telephone from the Stafford Creek Corrections Center.

“A false light claims exists when someone publicizes a matter that places another in a false light,” he said. “The issue before the court is whether the plaintiff is entitled to relief if he can prove any facts consistent with his complaint as pled.”

Paula Henry, whose husband was shot to death by Shandola in 1995, was in the courtroom. Her eyes filled with tears as she heard Shandola’s voice for the first time since his conviction.

“It’s horrible,” Henry said. “Victims shouldn’t have to go through this.”

Attorneys for Henry and the other defendants sought to have the lawsuit dismissed Friday, arguing it was in violation of the state’s Anti-SLAPP (Strategic Lawsuit Against Public Participation) law, which provides immunity from civil action to those who submit a claim to a state agency.

Judge Garold E. Johnson agreed, and not only dismissed the lawsuit, but ordered Shandola pay each defendant $10,000 in damages. He must also pay any attorney fees and courts costs.

Henry said she will urge state lawmakers to pass legislation that would restrict such lawsuits against victims of violent crime and their families.