GUILTY CA - Faith Tsarnas & Kiya Kitchen, Both 14, Die In Hit & Run, Fortuna, 12 July 2016

[Lilibet]

Chiv has posted the court minutes for sentencing.

Words Worth: The Marci Kitchen sentencing summed up via court minutes

 

[Lilibet]

Chiv posts a legal analysis of the sentence by former Deputy District Attorney and Humboldt criminal defense attorney Allan Dollison.

Dollison claims that MK was only sentenced for the death of one victim, not two, because the judge applied section 654 inaccurately. I recommend reading his entire analysis before he writes:

The California Supreme Court has stated, “We have long held that ‘the limitations of section 654 do not apply to crimes of violence against multiple victims.’ [Citation.] As we have explained: ‘The purpose of the protection against multiple punishment is to insure that the defendant's punishment will be commensurate with his criminal liability. A defendant who commits an act of violence with the intent to harm more than one person or by a means likely to cause harm to several persons is more culpable than a defendant who harms only one person.

For example, a defendant who chooses a means of murder that places a planeload of passengers in danger, or results in injury to many persons, is properly subject to greater punishment than a defendant who chooses a means that harms only a single person. This distinction between an act of violence against the person that violates more than one statute and such an act that harms more than one person is well settled. Section 654 is not “․ applicable where ․ one act has two results each of which is an act of violence against the person of a separate individual.” [Citations.]’ [Citation.]” (People v. Oates (2004) 32 Cal.4th 1048, 1063; see People v. Shaw (2004) 122 Cal.App.4th 453, 459; People v. Pantoja (2004) 122 Cal.App.4th 1, 16.)”

So the Court absolutely got it wrong by denying punishment for the second victim in this case. Those community members who have spoken out on social media about the leniency of the sentence were correct in one part that the Court was required to give out more time to account for both victims.

Fortunately there is something that can be done about this. All the DAs office has to do is to file a Notice of Appeal of the sentence and then the CA Attorney General’s Office will work to have this obvious sentence error corrected.

For all those that would like to see that happen, I strongly encourage the DA’s office to take that step.

Justice for both victims must be obtained. Errors by the Court must be corrected.

The DA’s office has 60 days from September 18 to file that Notice."

Words Worth: Was 8 years all Marci Kitchen receive? A legal analysis calling out the Court and how the DA's office can fix the sentencing error

Here’s hoping, but I won’t hold my breath.

 

[burblestein]

I am just now forwarding the following to the Humboldt County Grand Jury. Their email address is GrandJury@co.humboldt.ca.us.

"Grand jurors:

I am writing to protest the rampant favoritism shown by the Humboldt County court system, and most specifically by the Honorable Kaleb V. Cockrum. Marci Kitchen managed to evade her trial for two years while enjoying both international vacations and the opportunity to commit further offenses. She also chose her own plea bargain, and received a light sentence under a dubious ruling on Section 654 of the legal code. This sort of laissez fair “detention” and trial would be scandalous for a Hollywood celebrity!

I am pleading with you, for the sake of complete justice for Faith Tsarnas and Kiya Kitchen, to investigate this case for unwarranted favoritism towards a hit-and-run killer."

Feel free to copy this wholesale, make running changes in it, or write your own version, but please please please ding the Grand Jury!

 

[burblestein]

I couldn't find an email for the DA, so I am resorting to snail mail:

"District Attorney’s Office
825 Fifth Street
Eureka CA 95501

Ms Fleming;

I am writing to urge you to appeal the sentencing of Marci Kitchen to the slap-on-the-wrist sentence of eight (8!) years. One of your predecessors in office has posted legal provisions online that indicate that Marci was sentenced for only one death for her drunken hit and run of her daughter Kiya, and Kiya’s friend Faith Tsarnas. This is outrageous! When I sat on a jury that convicted for voluntary manslaughter, the sentence was 13 years.

Please, in the cause of justice, pursue an appeal under Section 654 of the legal code. From what I am reading online, it clearly indicates multiple murders must be assessed a heavier penalty, and that was not done in this case.

I realize that the heavy burdens of your public office may inhibit your participation in an appeal; however, I hope you assign your most skilled appeals litigator to pursue this appeal.

Respectfully submitted,
In the name of public justice."

Again, copy, modify, or write your own, but write!

 

[burblestein]

My aim, in the words of my departed hillbilly grandma, is to "raise hell and chock a rock under the corner" of the case.

 

[fred&edna]

IF the court actually corrects this error and issues a longer sentence... Marci can withdraw her guilty plea and it all proceeds to trial... right? I'm not sure how a total of 9 yrs 8 mo accounts for both victims... but I know we all wished for more than 8 yrs.

 

[Lilibet]

IF the court actually corrects this error and issues a longer sentence... Marci can withdraw her guilty plea and it all proceeds to trial... right? I'm not sure how a total of 9 yrs 8 mo accounts for both victims... but I know we all wished for more than 8 yrs.

I would imagine she could still withdraw her plea if the court changed her sentence. So we have to wonder how long it would take to go to trial, if the jury would find her guilty and if a longer sentence would be imposed. I’m inclined to think that this is as good as it gets, which will amount to about four years...two years for each girl. It’s a travesty for sure.

I think Jevin has actually imposed the harshest sentence she could get...no contact with him or his future children. I do hope he has access to counseling at college because the hatred he carries in his soul, as he put it, is ultimately more damaging to him than to his mother. I don’t think he needs to change his mind about contact, but I wish him peace, so that he can live his life fully.

 

[MsMarple]

Discussion of verdict. Video of Marci crying, being handcuffed and led from the courtroom.

Nazy Javid

Reporting on victim impact statements. Same video of Marci as the previous link just above.

Nazy Javid

From your first link:

When addressing the court in a short statement, Kitchen said in part, "All of my life, all I've ever wanted to be was a mom..." She went on to say, "Most of the victims in this case are people I love, and people who used to love me." She ended her statement saying, "I hope with the sentencing today, we can have closure." She then apologized - to the judge.

Seriously? Crying for herself and not the beautiful, innocent little girls she mowed down. Her narcissism leaks out from her statements - Most of the victims, we can have closure. The woman puts herself at the center of everything and has to get her digs in. And who's this "we?" Faith's family? Kiya's dad and brother? No Marci, they won't ever have "closure" from your ugly, preventable crime but apparently you have already moved on.

There, now I feel better. Lilibet, thank you so much for monitoring this case for us!

 

[Lilibet]

And thank YOU, Ms Marple for a great post. I won’t say “It’s been my pleasure” monitoring this case, but you’re welcome. I appreciate everyone who stuck with the thread. It really needed to be a national story. I’m not into conspiracy theories, but I have a feeling there were some influential people saving her from a more public shaming. Or else no one really notices anything but the marijuana industry in Humboldt County. Is it too late to contact the Daily Mail?

 

[windrower]

IF the court actually corrects this error and issues a longer sentence... Marci can withdraw her guilty plea and it all proceeds to trial... right? I'm not sure how a total of 9 yrs 8 mo accounts for both victims... but I know we all wished for more than 8 yrs.

Marci chose to become intoxicated, chose to drive her vehicle in that intoxicated state, and killed two innocent people. How is that any different from someone choosing to pick up a knife or a gun and stabbing or shooting a person to death?

I cannot imagine being the innocent families here, thinking that our legal system will have the right and proper outcome. This case has been sickening from the beginning, and continues to be so.

 

[Lilibet]

The D.A.’s office rebuts the opinion about the sentence in The Northcoast Journal. Maggie Fleming will not be appealing the sentence. As the Journal explained (after trashing Chiv):

When sentencing Kitchen, Cockrum imposed a two-year sentence for vehicular manslaughter while intoxicated without gross negligence, a one-year enhancement for the existence of an additional victim and a five-year enhancement for fleeing the scene of a fatal crash, for a total term of eight years. While none of the time Kitchen serves in prison will be related to the second count of vehicular manslaughter to which she pleaded guilty — the sentence imposed by Cockrum does account for both victims.

And if Cockrum had instead opted to sentence both counts of vehicular manslaughter, it would have resulted in a prison term that was four months shorter than the one imposed, due to state sentencing law that requires subsequent counts to be sentenced at one-third of the midterm sentence in California's determinant sentencing triad.

According to Fleming, prosecutors did a lot of research in order to charge the case in a way that resulted in maximum exposure for Kitchen.
BBM

Contrary to Report, DA Sees 'No Legal Basis' to Appeal Kitchen Sentence

The article goes on to say that additional time added could have resulted in MK taking back her plea and going to trial. IMO That stipulation was probably the only way the D.A. was able to get a guilty plea, rather than going to trial. Also, the judge felt she was remorseful and she had no priors. (I thought she had a previous drunk driving arrest, but perhaps it was dropped). So this is as good as it gets.

Despite his generally excellent reporting, Chiv has a habit of becoming unprofessional when challenged, so I won’t post his reply.

 

[windrower]

John Chiv commentary is starting:

Jevin Kitchen never wants to see or hear from his mother again. He hates her with all his soul.

Words Worth: "I not only lost my sister that night, I lost my mother"

rsbm

I hope Jevin realizes he can one day forgive his mother, and still not have to see or hear from her again. Forgiveness doesn't mean situations go back how they were. He does not have to engage with her in any way, shape, or form, if he does not want to. He can forgive her without ever telling her, and go on with his life.

Sometimes, forgiveness is less a place of arrival and more a journey. He may have to forgive his mother every day. But eventually, a lot of the darkness will recede, and I pray for him to be able to move forward with grace and dignity. I pray that for both Faith's and Kiya's families.

 

[Lilibet]

rsbm

I hope Jevin realizes he can one day forgive his mother, and still not have to see or hear from her again. Forgiveness doesn't mean situations go back how they were. He does not have to engage with her in any way, shape, or form, if he does not want to. He can forgive her without ever telling her, and go on with his life.

Sometimes, forgiveness is less a place of arrival and more a journey. He may have to forgive his mother every day. But eventually, a lot of the darkness will recede, and I pray for him to be able to move forward with grace and dignity. I pray that for both Faith's and Kiya's families.

Beautiful post. My sentiments exactly.

 

[MsMarple]

rsbm

I hope Jevin realizes he can one day forgive his mother, and still not have to see or hear from her again. Forgiveness doesn't mean situations go back how they were. He does not have to engage with her in any way, shape, or form, if he does not want to. He can forgive her without ever telling her, and go on with his life.

Sometimes, forgiveness is less a place of arrival and more a journey. He may have to forgive his mother every day. But eventually, a lot of the darkness will recede, and I pray for him to be able to move forward with grace and dignity. I pray that for both Faith's and Kiya's families.

Very nice post! I had to think on it for a minute as I'm really pissed at Marci but reflecting on my own past experiences and sentiments I've expressed to people in my life in similar situations I realized that what you said can help bring one to a peaceful place, for lack of better terms.

And that's really the goal - we can't control the actions of others but we can control our own feelings and there's nothing to be gained by letting others determine our happiness. Sometimes it's about letting go of the anger until it becomes... neutral, I guess.

What I hope for Marci's son is that he can find that inner peace. Only then can he choose how little or much he wants his mother back in his life.

 

[peedoffinny]

rsbm

I hope Jevin realizes he can one day forgive his mother, and still not have to see or hear from her again. Forgiveness doesn't mean situations go back how they were. He does not have to engage with her in any way, shape, or form, if he does not want to. He can forgive her without ever telling her, and go on with his life.

Sometimes, forgiveness is less a place of arrival and more a journey. He may have to forgive his mother every day. But eventually, a lot of the darkness will recede, and I pray for him to be able to move forward with grace and dignity. I pray that for both Faith's and Kiya's families.

I struggle with the 'forgiveness' concept and am trying to understand what it really means. To me, forgiveness means that it's OK, I'll give you a pass, but don't ever do it again type of thing. I don't think I could ever forgive her. I probably sound like a dummy, but would you mind explaining it a little more? I know that hanging on to anger and resentment isn't healthy, but do we really have to forgive to move on?

 

[burblestein]

Local fund raising is underway for a skateboard park to commemorate Faith and Kiya: In Honor of Faith and Kiya, Local Jeweler Hosts Dig for Diamonds (and Other Gemstones) to Raise Money for a Fortuna Skateboard Park

 

[Lilibet]

Local fund raising is underway for a skateboard park to commemorate Faith and Kiya: In Honor of Faith and Kiya, Local Jeweler Hosts Dig for Diamonds (and Other Gemstones) to Raise Money for a Fortuna Skateboard Park

A skate park is a wonderful way to remember Faith and Kiya! I hope they just use their first names in its name so there is no reminder of MK. “Kiya-Faith Skateboard Park” has a nice ring to it.

Based on the pain and anger in the community, I expect that there will be a lot of people “digging for diamonds” or even just contributing to this goal.

 

[burblestein]

I agree with your suggestion, with a slight change. It seems to me that Faith has been overshadowed by the horror of a mother's homicide of her daughter. My suggestion would be "Faith and Kiya's Remembrance Skatepark".

 

[Lilibet]

I agree with your suggestion, with a slight change. It seems to me that Faith has been overshadowed by the horror of a mother's homicide of her daughter. My suggestion would be "Faith and Kiya's Remembrance Skatepark".

That’s a lovely name. I agree with your point. Putting “and” between the names makes putting Faith’s name first sound fine. When I hyphenated them it sounded better and was easier to say with Kiya’s name first. Regardless, it will be called “The skateboard park” by locals, and the formal name will be forgotten eventually, as it is in my town.

 

[Lilibet]

Marci Kitchen has been transported to state prison.

Jail records show Kitchen, 41, left Humboldt County Correctional Facility at 1:09 a.m. Wednesday.

Marci Kitchen Has Been Sent to Prison

She will be housed at the Central California Women’s Facility in Chowchilla.

Words Worth: Marci Kitchen has been transported to the Central California Women's Facility

Central California Women's Facility - Wikipedia