Found Deceased WA - Kassanndra Cantrell, 33, pregnant, Parkland, 25 Aug 2020 *Arrest* #2

Discussion in 'Located Persons Discussion' started by GuyfromCanada, Aug 28, 2020.

  1. ivegotthemic

    ivegotthemic Well-Known Member

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    Hey Rio, third-year law student hear, hoping to get your expert analysis on something I found a little confusing. So I was looking into Washinton criminal law and found case law stating:

    “No Washington criminal case has ever included ‘unborn child’ or fetus in its definition of person.” It also observed that when the legislature intends to include an unborn child within a class of criminal victims, it specifically includes language to indicate a departure from “the typical definition of a child as a person from the time of birth to age 18.” State v. Besabe, 166 Wash. App. 872, 271 P.3d 387 (2012).

    Which made me think regardless of the stage of pregnancy, they would not be able to file charges criminally for unborn children, but I also found:

    For purposes of statute governing actions for the injury or death of a child, a viable unborn child is included in the statutory definition of “minor child.”  Fast v. Kennewick Public Hospital District (2016) 187 Wash.2d 27, 384 P.3d 232

    So I was hoping to get some clarity, does this mean criminal charges could be brought if the pregnancy was farther along/if the unborn child COULD have survived at the time of the crime (regardless of whether a birth occurred)? I know they've stated they were unable to determine if KC was pregnant in this case, I'm just curious if a definitive finding would have made a difference. Hopefully, that makes sense and I haven't just wildly confused the issue, which Im totally willing to accept is possible lol. Thanks in advance :)
     
    Last edited: Sep 26, 2020


  2. Seattle1

    Seattle1 #LiveLikeLizzy

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    Good to see you here @riolove77 and thanks for clarifying some important matters.
     
  3. MoeInVA

    MoeInVA Well-Known Member

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    I was very glad to see the prosecutor lay out aggravating factors. However, I noticed that the charge was listed as "first degree murder". So if the charge was Aggravated First Degree Murder, wouldn't that be listed instead of First Degree Murder?? I assumed so, but anyone know for sure? @riolove77

    What RC said still may be correct re: sentencing, but regardless glad to see the prosecutor pushing aggravation. And I hope LE continues to work toward a charge of aggravated first degree murder.

    I looked up the sentencing guidelines and what RC stated seems to be correct. A suspect with no prior criminal record would be sentenced to 20-30 years for 1st degree murder. In order to enhance that sentence due to aggravating factors it appears there are three main ways to do that.

    WA State Sentencing Manual: http://www.cfc.wa.gov/PublicationSentencing/SentencingManual/Adult_Sentencing_Manual_2019.pdf (p68 discusses exceptional sentences)

    1) Aggravating factors must match those in the statute for aggravated first degree murder. That list is "not illustrative"- it must fit one of those legal definitions. (Hopefully the prosecution is continuing to try to get one of these JMO)
    "Unlike mitigating circumstances, an exceptional sentence that is aggravated must be based on one or more of the circumstances listed in the statute. The list is not
    illustrative."


    2) Jury finding: A jury finds there are aggravating factors per statutes (this links to statutes - which I am guessing is referring to the same statutes as above but I haven't looked them up yet - feel free to do so! Clearly a jury would bring the hammer down on CD for aggravating circumstances if possible, but it may come down to statutes that the state and judge are required to follow (?) JMO)
    "The court may also impose an exceptional sentence above the standard range if the procedures specified in RCW 9.94A.537 are followed and a jury makes findings of
    fact supporting any of the aggravating circumstances found in RCW 9.94A.535(3)"


    3) Plea Deal: A longer Sentence May be Imposed if Defense and Prosecution Agree to a Heavier Sentence
    "The court may impose an aggravated exceptional sentence without a finding of fact by a jury if the defendant and state both stipulate that justice is best served by an
    exceptional sentence and the court agrees that the stipulation is in the interest of justice and consistent with the Sentencing Reform Act under RCW 9.94A.535(2)."

    So JMO - this is where a plea deal could potentially make sense for both sides. If the prosecution is concerned about proving aggravated or having an exceptional sentence overturned, they could reach a plea deal for like 35 years.

    I also noticed that the guidelines seem to indicate that sentences for any additional crimes as part of the same act/ against same victim would run concurrently. I do wonder if there could be additional time added for obstruction of justice, lying to LE. JMO - I am not a lawyer or Subject Matter Expert. Just a Sleuther :)
     
    Last edited: Sep 26, 2020
    Charlot123, misgrn, Flicka1 and 3 others like this.
  4. bestill

    bestill It's a Disney Day for SC Inmate 00378074

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    Regarding the charges I too am curious why there aren't other charges related to desecration of a corpse since she was reported to be found in garbage bags, if I'm not mistaken. Or obstruction of justice by impeding the investigation.
     
  5. Seattle1

    Seattle1 #LiveLikeLizzy

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    The charges are written pursuant to First Degree Murder pursuant to RCW 9.94A.535 --Departures from the guidelines.

    The court may impose a sentence outside the standard sentence range for an offense if it finds, considering the purpose of this chapter, that there are substantial and compelling reasons justifying an exceptional sentence.

    The charges further provide the crime was aggravated by
    the following circumstances, and results in a presumptive sentence that is clearly too lenient.
    (3) Aggravating Circumstances - Considered by a Jury - Imposed by the Court:

    Pursuant to RCW 9.94A.535(3)(c), the current offense was a violent offense, and the defendant knew that the victim of the current offense was pregnant, pursuant to RCW 9.94A.535(3)(m), the offense involved a high degree of sophistication or planning, and against the peace and dignity of the State of Washington.

    In my experience, given a choice for the aggravating circumstances to be decided by the court or the jury, I much prefer the jury. I want the jury to hear how CD methodically planned and prepared to end KC's life --all the while she was taking extra time to make herself look nice to meet her alleged killer.

    RCW 9.94A.535: Departures from the guidelines.
     
  6. oviedo

    oviedo Well-Known Member

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    GRAPHIC CONTENT
    “On September 23, 2020, the Pierce County Medical Examiner began the autopsy of the body, which was in an advanced state of decomposition, and was mostly skeletonized. There was no soft tissue left in the neck, chest, abdominal, or pelvic cavities; ..”
    Wow had no idea it would happen so quickly
     
  7. Skullfire

    Skullfire Well-Known Member

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    RCW 68.50.050: Removal or concealment of body—Penalty. - It looks like to be charged with that the remains first need to be in the custody of the corner or medical examiner. I could be wrong. He cant be charged with Obstruction of justice if he doesn't cooperate with investigators. His 5th amendment right means he doesn't have to answer any self incriminating questions.

    According to weather history, the temperature from August 26th-31st was 77-69 degrees. From September 1st through the 10th it goes from 81 to 91 degrees, drops down to 60 on the 13th, then stays steady around that time 65-70 degrees. I would imagine that being in the black garbage bags would speed up the decomposition. Theres probably loose blood in there to create some moisture as well. People use black trash bags to help heat their pool just by letting the sun hit it. Just my thoughts.
     
  8. MoeInVA

    MoeInVA Well-Known Member

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    Got it ... first degree murder with exceptional circumstances. Good!
     
  9. UsernameRequired

    UsernameRequired Well-Known Member

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    Yes, we had some extreme temps and humidity for Tacoma during the last month. We also had some crazy forest fires that rarely happen in this area due to the heat and dryness.

    And for those wondering how he was able to dump her in that area of University Place without anyone noticing, the GPS data showed he stopped at that location around 6am .. sunrise was not till around 6:20am so it would still have been quite dark with few people out. That road is busy but it would have only taken a few mins to pull over and dump her body into that gulch because it was so close to the road.
     
  10. Blue Ridge

    Blue Ridge Armchair Detective

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    This will be graphic as well........



    I have learned during my time at WS...that an area of the body decomposes much faster if it is wounded/opened/injured, compared to an intact body or area of the body. So that makes me wonder....had her torso been cut open? If it turns out her arms and legs are not skeletonized and are much less decomposed than the torso....could she have been cut open to remove the fetus (evidence of pregnancy)? Sorry :(

    MOO
     
  11. MissMYB

    MissMYB Well-Known Member

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    Most of us are all thinking that same thing.
     
  12. Skullfire

    Skullfire Well-Known Member

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    WS?

    And that just makes everything more darker right there. It was a thought that crossed my mind but seeing someone confirm that its most likely the case...damn. With the skull fractures, which came first? It sounds more brutal thinking that about it.
     
  13. UsernameRequired

    UsernameRequired Well-Known Member

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  14. Snowball57

    Snowball57 Member

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    I can’t stop thinking about something that happened 2-3 weeks ago (can’t remember the exact day). While driving down Chambers Creek (as we do almost every day), from UP down to Steilacoom, my daughter and I smelled a terrible smell from along the upper ravine area all the way down to the reservoir bridge. Because we’ve had so many bodies turn up in the water over the past year (3 or 4), I commented that I hope it’s not a body. I literally said that :(. We agreed that probably a large animal, maybe a deer, had died nearby because the odor dissipated by the time we got south of the reservoir, but for both of us it was the worst smell we’d ever encountered and had to turn the car vents off. It was definitely a decomposing something - very different from the usual “smells of the sea” you sometimes get living near the water. I’m sure other locals noticed the odor that day too, it was distinct.

    I feel horrible to think what it may have been, and hope it was not that. I had completely forgotten about it, but DD mentioned it last night when we were talking about the case and reminded me.
     
    Last edited: Sep 26, 2020
  15. MsBetsy

    MsBetsy Well-Known Member

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    Well, the body was unburied, wrapped in plastic and the temperatures were mild so decomposition would have happened at a faster rate. Usually by the fourth week a body starts to liquify. There must have been some flesh, since apparently they recognized her tattoo.
     
  16. riolove77

    riolove77 Verified Prosecutor

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    it’s possible they could have at a later stage. In the Watts case we saw a charge of unlawful termination of pregnancy. So I’m not sure if Washington has a similar law they could use, should they be able to conclude she was in fact pregnant.
     
  17. wary

    wary Well-Known Member

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    My first thought is that they feel that they have such a solid case for 1st degree murder that they don’t even want to bother with the small stuff. Just my first guess.
     
  18. Maddy01

    Maddy01 Well-Known Member

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    Maybe he tried to cut her abdomen? But honestly unless someone has had experience with a cadaver or live human, he probably had no idea what he was looking at. Especially with a pregnancy so early on. I don’t think most people would be able to figure it out.

    Someone posted about how they wondered how she felt in the moment? I know it’s morbid, or scary to imagine being stabbed. I have asked people what it felt like that have been stabbed. Neither mentioned feeling the pain of the wounds. They both said it just felt like they’re suffocating and can’t breathe due to blood loss.
     
  19. MoeInVA

    MoeInVA Well-Known Member

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  20. Charlot123

    Charlot123 Well-Known Member

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    if it is proven that the live-in knew about the murder, and that his messages about ADT had another hidden meaning, could it be viewed as criminal conspiracy? This could be an aggravating circumstance. MOO.
     
    Last edited: Sep 27, 2020

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