Young killers await possibility of parole

When Jeremiah Gilbert, 15, stood before a Klickitat County judge to be sentenced on two counts of first-degree murder in 1994, he was stone-faced.

“It was like he was told, ‘You’re going to the grocery store for a few days,'” said Gerald Matosich, who prosecuted the case. “No emotion. That was what was scary about him.”

Gilbert was sentenced to life in prison without the possibility of parole for the Sept. 20, 1993 murders of Robert David Gresham, 35, and Loren Evans, 26. Matosich, who has since left the prosecutor’s office, was reached by phone on Thursday and recalled the murders as being “egregious.”

A runaway, Gilbert and his friend had tried to steal a Ford Bronco and shot the men when they crossed their path. Gilbert was the trigger-man, said Matosich, and shot Greshman twice with a “thirty-ought-six” rifle. He then shot Evans in the face.

“And for what?” Matosich said.

In accordance with state law, “life without possibility” was the only sentence that could be given to a juvenile convicted of aggravated, first-degree murder.

Now 35, Gilbert has been behind bars for nearly 20 years and is currently incarcerated at the corrections center in Clallam Bay, Wash. It was at the prison on Tuesday that Gilbert spoke with 97.3 KIRO FM about a recent U.S. Supreme Court ruling that could mean he no longer has to die behind bars.

“As of right now, I don’t know if I am a ‘lifer,'” he said. “I could still be, but it depends on how the state wishes to act on it.”

In June, the U.S. Supreme Court ruled it unconstitutional for states like Washington to mandate life in prison without parole for juvenile offenders convicted of murder. While the sentence can still be handed down, judges and juries must use discretion and consider a defendant’s age when making a decision.

“Clearly the automatic life without parole if somebody is convicted under the age of 18 of aggravated first-degree murder, under Washington statue, has to change,” said Tom McBride, executive secretary of the Washington Association of Prosecuting Attorneys.

McBride said there appears to be latitude for how states deal with cases that have already taken place, if they choose to at all.

“The legislature may decide to address that by statue. The governor could decide to deal with it under clemency and pardons. The courts could decide…that they’re going to bring the case back and re-sentence them,” he said. “It is too soon to say what will happen.”

According to the Department of Corrections, there are 28 offenders in Washington State who could be affected by the ruling. Jeremiah Gilbert is one of them.

“I’m a realist. I’ve steeled myself for the possibility of being told ‘no,'” Gilbert said, but added that his family already has their hopes up. “I try to caution them.”

After years believing – knowing – that he could never be paroled, Gilbert calls the idea of release “mind-boggling.” Matosich, however, still remembers Gilbert as a teenage killer, and said he deserves every bit of his sentence.