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COUPEVILLE
101 NE 7TH ST. COUPEVILLE
Windermere Real Estate/South Whidbey
NORTH WHIDBEY
1280 DEVRIES RD. OAK HARBOR
$459,000 • MLS #587397 Rebecca Robinson 360-929-2419
$549,000 • MLS#582438 Pamela Z. Hill 360-320-2411
LANGLEY
MUTINY BAY
2312 SOUNDVIEW DR.
6278 BARR BEACH RD.
LANGLEY
$995,000 • MLS #493468 Linda Casale 360-770-5550
FREELAND
$894,000 •
MLS#525076
Ann Muniz/Bernadette Johnson 360-331-6006
OAK HARBOR
OAK HARBOR
2555 SW NAVIGATOR LP.
1940 NE 8TH AVE.
$245,000 • MLS #586446 Karen Cox 360-969-1560
$165,000 • MLS #583875 Julie Kinnaird 360-632-6619
OAK HARBOR
OAK HARBOR
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Saturday, February 8, 2014 • Whidbey News-Times
Convicted murderer‘s exceptional sentence upheld by Appeals Court By JESSIE STENSLAND Staff reporter
A judge did not err in giving a convicted murderer an exceptional sentence because his victim was wearing a seatbelt and had “an unsuspecting mindset” when he was shot, the Washington State Court of Appeals ruled this week. James Huden, a South Whidbey High School graduate, is serving his second year of an 80-year sentence for shooting and killing Russel Douglas in a secluded area of South Whidbey Dec. 27, 2003. A jury found Huden guilty in 2012 of firstdegree murder with a firearms enhancement as well as an aggravating factor. Douglas was “particularly vulnerable,” or more vulnerable than a typical victim of firstdegree murder, Island County Prosecutor Greg Banks explained. Vulnerability of the victim is one of several “aggravating factors” that allows a judge to sentence a defendant outside the standard sentencing range. Douglas was particularly vulnerable, Banks argued, because he was wearing a seatbelt inside his car, was lured to and ambushed in a remote location, and had no reason to suspect he was going to be shot through his car window at point-blank range. “Russel Douglas could not duck, run or deflect Huden’s aim,” Banks wrote in his brief to the appellate court. “Even fish in a barrel can swim and potentially avoid a fatal encounter with a bullet. Russel Douglas was more vulnerable than that.” In his sentencing memoradum, Banks wrote that Huden and his mistress, Peggy Sue Thomas, carefully planned the murder so that Douglas could not resist; he speculated
that they wouldn’t have gone through with the killing if they hadn’t been able to carefully control the situation. Thomas was originally charged with murder for allegedly helping him lure Douglas to the out-of-the-way area, but pleaded guilty to rendering criminal assistance under a plea bargain. She was sentenced to four years in prison. Banks recommended an 80-year sentence for Huden, which was just over 48 years beyond the top of the standard sentencing range Huden would have faced without the aggravating factor. Judge Alan Hancock agreed and issued the exceptional penalty. Huden appealed his sentence, arguing that there was insufficient evidence to support the finding of particular vulnerability. He also appealed his conviction on several grounds, including an allegation that Banks committed misconduct. Huden’s attorneys argued that Douglas was not particularly vulnerable to a sudden gunshot wound to the head. They argued that “the suddenness of such an attack would prevent any victim from resisting.” In an unpublished opinion, the Court of Appeals threw out Huden’s arguments, except to find that Banks acted inappropriately in calling the key witness a “hero” during closing arguments. Yet while Banks “crossed into the realm of personal opinion,” the defense didn’t object, the misconduct wasn’t flagrant and he backed up the assertion with evidence, the court ruled. Huden has 20 days to file a motion for reconsideration with the appeals court and 30 days to file a petition for review with the state Supreme Court.
ISLAND DIGEST Clinton’s Glendale Farm shows it’s the big cheese n Clinton-based Glendale Shepherd Farm received the 2014 Good Food Award in recognition of its responsible food production and taste of their cheeses. Owners entered their Island Brebis Cheese in the national competition. It’s made from sheep’s milk and features a creamy interior with fruity and nutty tones. The cheese chosen for the competition was aged for 14 months.
Shrimping site fight draws in public lands official n The Langley ghost shrimp advocacy committee requested state commissioner of public lands Peter Goldmark consider restricting harvesting around Langley. People are concerned about the lack of ghost shrimp, which is a food source for whales when they visit Saratoga Passage. The lack of food has people concerned the whales will skip the Langley tidelands when they visit.
Langley sees better business numbers in 2013 n The Langley Main Street Association reported to the city council that more businesses opened
than closed in 2013. The numbers came as good news to Mayor Fred McCarthy, who said economic development in 2014 is a priority. The association reported nine businesses opened in 2013, which is up from five in 2012. Two businesses closed in 2013 while six shuttered in 2012.
South-end firefighters see busy January n South Whidbey Fire/EMS respond to 180 calls in January, which is 30 more than the district’s monthly average in 2013. Most of the were medical in nature that included people who fell or were sick. The calls also included a couple of fire reports and a marine rescue.
South Whidbey’s Island Strings mark four decades n Island Strings will celebrate its 40th anniversary in 2014. Linda Good, Paula Pough and Linda Morris began in 1974 a teaching partnership with the South Whidbey School District where 22 students originally participated. The group has taught more than 1,000 students over the years. Students will pair up for a “Pick a Friend Recital” 1 p.m., Sunday, Feb. 9 at the Unitarian Universalist Congregation of Whidbey Island, 20103 Highway 525, Freeland.