MYNORTHWEST NEWS

Judge tosses death penalty against accused Seattle cop killer

Feb 22, 2013, 3:59 PM | Updated: 4:41 pm

A King County Superior Court judge has thrown out the death penalty in the case against accused cop...

A King County Superior Court judge has thrown out the death penalty in the case against accused cop-killer Christopher Monfort. (Tim Haek/KIRO Radio file)

(Tim Haek/KIRO Radio file)

A King County Superior Court judge has thrown out the death penalty in the case against accused cop-killer Christopher Monfort, The Seattle Times reported.

Chief Criminal Judge Ronald Kessler ruled Friday that King County Prosecutor Dan Satterberg conducted a “flawed and minimalist” investigation into factors that could have warranted a life sentence instead of death. But the judge did rule the case could proceed as a capital case so as not to delay his trial.

The Times reports the judge criticized Satterberg for deciding to seek the death penalty before Monfort’s defense team could gather and present information about mitigating circumstances such as mental illness that could have led the prosecutor to not seek the death penalty.

In a statement, Satterberg’s office said they would appeal the ruling to the state Supreme Court:

“State law calls for the prosecutor to consider any evidence of mitigation prior to making a death penalty decision. In this case, the defense refused to provide any information to the prosecution. The prosecution gave the defense team ten months to provide mitigation information, which is nine months longer than state law requires. In the absence of any information from the defense, the prosecution considered all available mitigating information and decided it was not sufficient to merit leniency.

The court ruled that the refusal of the defendant’s legal team to provide any evidence of mitigation precludes the prosecutor from filing the notice of intent to seek the death penalty. The defense has still not provided any evidence of mitigation, more than three years after the arraignment date.”

Monfort faces charges in the Oct. 31, 2009 shooting that killed Officer Timothy Brenton and wounded Officer Britt Sweeney.

Monfort allegedly pulled alongside a parked patrol car in the Leschi neighborhood and opened fire as Brenton, 39, and Sweeney, now 36, sat inside.

Monfort is accused of waging a concerted attack on police, allegedly firebombing four police vehicles at a city maintenance yard nine days before the shooting. Police said one of the makeshift bombs was set to go off as police and firefighters arrived to investigate the initial blasts.

Police shot and capture Monfort the week after the shooting during a confrontation outside his Tukwila apartment.

Along with the murder charges, Monfort is also charged with arson and two additional counts of attempted first-degree murder — for allegedly pointing a gun at Nelson and for allegedly trying to kill officers at the scene of the firebombings, the Times reports.

Friday’s ruling is the second court defeat for Satterberg’s office in recent weeks. Earlier this month, another judge ruled King County prosecutors could not seek the death penalty against two people in the murders of a family of six in Carnation.

Satterberg’s office is appealing that ruling.

Please follow our Community Guidelines

MyNorthwest News

Pro-Palestinian protesters march in Capitol Hill...

MyNorthwest Staff with Wire Reports

Pro-Palestinian march in Capitol Hill concludes with no arrests

A pro-Palestinian march in Capitol Hill has concluded with no arrests, police confirmed to KIRO Newsradio.

12 minutes ago

evacuation seattle fire...

MyNorthwest Staff

Queen Anne residents allowed back in building after evacuation for Carbon Monoxide

Lower Queen Anne residents have been cleared to reenter their building after SFD personnel investigated a carbon monoxide leak.

22 minutes ago

hing hay park machete attack...

James Lynch

2 men injured in machete attack at Hing Hay Park; suspect arrested

Seattle police said two men are lucky to be alive after they were assaulted by a man with a machete in Seattle's Hing Hay Park on Tuesday evening.

1 hour ago

copper wire theft wsdot cameras...

Chris Sullivan

Attempted copper wire theft knocks out WSDOT cameras, travel data for several days

WSDOT cameras and travel data were down for days due to a copper wire theft, affecting real-time traffic updates across Washington.

2 hours ago

Seattle mayor Katie Wilson police chief...

Jake Skorheim

Jake: Mayor Wilson should worry more about crime, less about coupons

The Seattle City Council just passed the Fair and Transparent Pricing ordinance on a 7-2 vote. Credit to the two no votes, who seem to have some common sense.

2 hours ago

puget sound cafe yumm...

Jason Sutich

Cafe Yumm plans return to Puget Sound nearly 4 years after leaving Seattle over unfavorable business conditions

An Oregon-based food chain, Cafe Yumm, announced its return to the Puget Sound area, planting its seeds in Tacoma's North End neighborhood this time around.

3 hours ago

Judge tosses death penalty against accused Seattle cop killer