By Sharyn L. Decker
Lewis County Sirens news reporter
A nearly 93 year sentence handed down to a 16-year-old Centralia boy convicted of a drive-by shooting in which nobody was injured has been tossed out by the state court of appeals.
Guadalupe Solis-Diaz Jr. challenged his virtual life sentence in light of a constitutional ban on cruel and unusual punishment, specifically a 2010 U.S. Supreme Court decision that held a sentence of life without parole is forbidden for a juvenile who did not commit homicide.
The appeals court decision however focused on the deficient performance of the attorney who represented the former Centralia High School student.
The opinion issued yesterday remanded the case back to Lewis County Superior Court for re-sentencing.
Solis-Diaz was arrested in August 2007 after gunfire was sprayed along the east side of South Tower Avenue in Centralia, missing six bar patrons. Witnesses testified it was gang-related.
Centralia police that summer dealt with at least a half dozen gang-related shootings of cars, homes and people, including a case in which bullets pierced the walls of the apartment where the teenager lived with his mother.
Solis-Diaz was a passenger in a car driven by 21-year-old Juan “Pollo” Velasquez and it was about midnight on Aug. 10 when he fired seven times into a group of people outside the Tower Tavern. He turned 17 days after the incident.
The teenager maintained his innocence, but was convicted four months later of six counts of first-degree assault, one count of drive-by shooting and one count of unlawful possession of a firearm.
He had declined a plea offer of 15 years in prison.
Michael Golden was the elected prosecutor at the time and the case was handled by then-deputy prosecutor Chris Baum. Judge Nelson Hunt presided. Solis-Diaz was represented by court-appointed attorney Michael Underwood.
The six assault counts were ordered to be served consecutively and each carried a mandatory extra five years because they were committed with a firearm. The sentence given was at the high end of the standard range, 1,111 months in prison.
The three-judge panel unanimously ruled in its opinion that the teen’s defense attorney made a number of choices at sentencing that no reasonable attorney would have.
Among them:
• The lawyer failed to alert the court it had discretion to impose a lesser sentence, given that the presumptive sentence was clearly excessive.
• He failed to call family, other members of the community including the teen’s teachers to testify on his behalf, a move which would have apprised the court that the teen’s emotional and mental maturity should have been considered.
• He failed to call to the attention of the court a landmark U.S. Supreme Court decision in which indicated courts should consider youth differently than adults.
• He failed to produce or request a pre-sentencing report which could have shed light upon issues related to the teen’s mental and emotional sophistication.
• He mistakenly indicated the teen was “declined” as a juvenile and tried as an adult, when in fact no decline hearing was held to determine if the teen’s maturity and mental development warranted prosecution as an adult. The case was actually “auto-declined” by operation of a statute.
Yesterday’s decision followed not a direct appeal, but a personal restraint petition.
Sarah Beigh argued in filings for the Lewis County Prosecutor’s Office. Solis-Diaz’s attorney for the petition is listed as Kimberly D. Ambrose of the University of Washington School of Law. A number of other attorneys filed briefs on the teen’s behalf.
Ambrose contended Soliz-Diaz received ineffective assistance at sentencing because his counsel’s performance fell below objective standards of reasonableness and prevailing professional norms. The appeals court agreed.
It’s not clear from the opinion how much time the teen may get after a new sentencing hearing or when that may happen, but is clear the defense attorney must do more than what Underwood did.
Underwood’s entire argument at sentencing in December 2007 consisted of the following:
“Certainly it is a tragic event. You heard all the evidence. My client still maintains his innocence, your Honor, but the jury did find him guilty. We would ask the court, your Honor, to give him the low end of the range. He is 17 years old, declined as a juvenile and tried here. He’s still looking at, your Honor, almost a life sentence, quite frankly, unless something happens in the intervening years that he is serving his time. We think the low end of the range [927 months] would be more appropriate.”
•••
Read the opinion, here
Tags: By Sharyn L. Decker, news reporter
I see nothing has changed in the last 4 years in Centralia regarding the corruption and ineptitude.
So how many cases since the last time I posted got overturned on appeal? 10? 15?
And how many public officials have been terminated or fired for crimes against the public? 4? 5?
It’s hard to believe that all the crime going down for the past 4 years was because of just 4 or 5 people.
Give me a break.
He had no prev criminal history. Thiswas his first time actuslly gettibg in trouble. I hope to god he gets it reduced significantly. He does not deserve what they gav him. I kno ill be at hi court date in june.
Tommy,
if all that is true, go to the courthouse and say it. Say it to someone that has the power to choose to go foward with something or the power to leave it be, thats the best you can do on the legal end. If you want to sleep better at night then thats what you got to do. That and buy me a guitar.
PS, someone previously wrote that all of the targets in the shooting were hispanic…umm….none of them were. I was the one and only witness that wasnt one of the six first degree assault charges.
Also… We know he was the shooter.
Something to consider as far as re sentencing.. from what i gathered he wasnt trying too hard to hit anyone, a couple shots went straight into the road next to the car they were driving. And i believe he had a Colt 45, why, i dont know, really bad choice for shooting out of a window from a moving car. Believe me i am all for sticking it to those that deserve it with violent crime, in hopes that it deters future offenders. But all in all, it didnt seem like he was bona fide out to kill someone. For what that is worth.
Business as usual in LC. Nothing to see here folks, just move along.
Any news on Tommy? Is he ok?
This just in…Tommy Orr was right! Attorney’s DO run this county!!!
MORE FUEL FOR THE FIRE IN LEWIS COUNTY!
Tommy,
IF its really you, don’t do anything stupid. Get yourself some help man. Hurting yourself won’t solve your problems, it just hurts others. Get a bible and read 2 Corinthians 5:17. It helps me bro.
The authorities have been notified out of concern for harming himself. But I’m sure the rest will be looked into as well.
@Tommy Orr…If what you’re saying is true, then try and make things right. There’s an old Turkish proverb that says ‘No matter how far you have traveled down the wrong road, turn back’. It is NEVER too late for redemption. God be with you.
So, because Tommy admits to being a drug dealer, that makes it impossible that someone with authority could possibly use that to their benefit? He just admitted perjury and seems remorseful for both that and his previous activities. Does that mean he is truthful about the corruption? No. But it sure as hell doesn’t mean he is lying and a statement like that SHOULD prompt people to look into it.
Go to Providence tonight and seek help Tommy
I’ve been having a lot of medical problems. I’ve done so much heroin and oxycontin that the doctors can’t numb my pain anymore.
I almost lost my leg last year from a blood clot.
I just want Jesus to forgive me for all the pain I’ve caused.
I’ve lied and I was encouraged to lie by Hunt and Draper.
My life has been ONE BIG LIE. I’m so sorry for all the pain I’ve caused. If i could go back and change it, I would.
I just want to have the feeling of peace. But, I wake up wanting to kill myself for all the lives i’ve ruined. I’m so sorry.
When I provided false testimony in the arson case of Beau Brennan back in 92, I was facing 20 years in prison. I was only 18 years old!!!!
What would you do? Beau was my friend, but they told me that they would go easy on him if I just testified against him in court. The only way they would let me get off of my meth and heroin charges was if I would provide testimony against him.
I thought that If I could avoid prison, then I could get clean and everything would be okay. But, that’s not how it worked out. I ended up providing false information against many people just to save myself. I’m so sorry.
I’m willing to testify to the Department of Justice that this information is true.
Tommys bong is calling again. Give a deposition to the “innocently accused” and get them acquitted based on ur lies then Tommy. Do the right thing and put an arsonist back in our community. Brian Jones needs competition
Chrystal. What planet are you from or on? Save OJ next!
No, they aren’t/weren’t JUST LAWYERS. One was a PROSECUTING ATTORNEN for the COUNTY OF LEWIS and the other was a SITTING UPREME COURT JUDGE.
Are you trying to say these two unscrupulous and corrupt “attorneys” are comparable to J.D. Wentworth???
I would testify in front of a convened GRAND JURY on behalf of the JUSTICE DEPT. to PROVE that D.A. Hunt and Justice Draper gave me a FREE RIDE from prison to CONTINUE selling dope to the children of LEWIS COUNTY in exchange for FALSE TESTIMONY!!!
It’s a fact.
Tommy, they’re lawyers. There’s only a fine line between lawyers and liars.
I’ve thought about killing myself every day for the last 20 years. Out of complete selfishness, I put innocent people in prison so that I could continue doing heroin and meth. I even convinced Nelson Hunt, David Draper, and others that I was innocent.
They believed me!!!! They gave me a free pass from prison and other priviledges.
I just want to be able to wake up in the morning and be happy.
Tommy you are beyond fried. God bless the man that invented auto correct spelling for cell phones. If it weren’t for that your words would make even less sense. Nelson Hunt is a good judge compared to some that have existed. Once a drug dealer always a drug dealer and with that being said, I hope you have two things heading your way: 1) A visit from the local drug unit 2) Being federally charged for perjury due to your continuous lies.
No, but I’m willing to go before a grand jury and testify in front of the Justice Dept. to say that Nelson Hunt allowed me (Tommy “Billy” Orr) a free pass from prison so I could continue dealing heroin and meth to the children of Lewis County.
And for that I am SO SO VERY SORRY!!!
I don’t care if you stupid idiots belive me or not. Nelson Hunt believed me. Are you calling Nelson Hunt AND David Draper liars?
Tommy “Joan Jett” Orr:
U should probably just absolve ur past by hitting yourself in the nuts. It would satisfy Lewis County folk. One smack for every lie. Including the most recent ones when u defended Lohr.
@Tommy Orr…You admit to being a liar and a drug dealer, but we should take your word for it that Hunt is the bad guy? OK, sounds logical.
I would even be willing to go before a grand jury to absolve myself.
I think what I did was wrong. I should have gone to prison for dealing drugs to kids in Centralia and Chehalis. I can’t even count the number of lives I probably screwed up. I’m so sorry.
I would testify to a grand jury that I lied to fabricate evidence against not just Beau Brennan, but many other people.
All I had to do was wear a nice shirt and tie and that was it. They acted like I was a good citizen.
I’m so sorry for what I’ve done.
Look up the facts. Tommy “Billy” Orr, witness in an arson case Lewis County Superior Court against Beau Brennan in 1992. It was all lies.
Nelson Hunt and Judge Draper helped me for telling lies. I’m so sorry.
Nelson Hunt used me as a witness against an innocent person!!!
I was looking at delivery of controlled substance LSD and heroin back in 1992. Nelson Hunt told me that he would drop my charges if I testified against Beau Brennan in an arson case.
All I did was go up on the stand and lie. I told the court that I saw Beau acting ‘suspicious’ and asking for a ‘ride out of town’. It was all bullshit. We saw Beau that day and we just drove by. We didn’t even talk to him!!!
But, in Lewis County, the truth doesn’t matter. If you can get enough stupid people to bad-mouth someone, they accept that as fact.
I’m so sorry for doing what I did. I wish I could take it all back. But the truth is, Nelson Hunt depends on liars like me to fabricate evidence.
This decision also ignores the clearly deficient performance of Nelson Hunt. He could have given a lesser sentence. In the same manner, he could have given adequate sentences to the Toledo Pharmacy robbers. How the guy ever got on the bench after his amazingly deficient service as county prosecutor is bad enough. Why he remains is even more of a mystery. Nelson Hunt has blood on his hands after he caused the suicide of a jail inmate. Remember that one?
Chrystal:
The intended targets were also hispanic. This is a fact and it has nothing to do with race, it has to do with their gang affiliation. Keep bleaching your gene pool vatos, im good with that.
@Bugsy…There must have been enough evidence to convict him. And the do-over is a re-sentencing, not a new trial. It’s not the conviction that was overturned, it was the sentence.
Just because he was the youngest of the gang members in the car doesn’t mean he didn’t do the shooting; that could have been his initiation.
This kid didn’t have a gun in his hand, there is very little evidence that he even did the “shooting”. He was involved in a gang, the the “older” gang banger did the shooting. He was told to take the rap, because he was the Minor!
I am glad he gets a Redo! The kid deserves that much.
He was offered a plea deal, and declined it. I’ll bet he wishes he could have that one back.
I’d be interested in knowing his previous criminal history before this shooting. If this was the first time he was hauled into court, 93 years is excessive, considering no one was hurt. (Seven shots, no one hit; not exactly a deadshot, is he?) If this was the last of a long list of violent crimes, maybe putting him away for life wasn’t such a bad plan.
This poor kid. 93 years in prison. He is such a victim!!! After all, he only had a gun in his hand, and he only fired it numerous times into a crowd of people trying to kill someone to further the aims of his criminal street gang. He needs to be set free at once!
Then we can just watch him go right back to his same old ways… but he’s the victim in this case, right? RIGHT?
Over the last few years there seems to be more Hispanics being used to prove a point to the others that are not committing crimes or are committing them on a minor level, but are being sentenced as if they were repeat offending adults. Why would it be easier and better to put a child away for years other then showing them that they can be a better citizen of our community is beyond me. There are so many different kinds of adult offenders that are getting away with multiple sex offences of children ( man in Rochester gets 7 years for raping and molesting over 9 little girls under the age of 13yrs old). Now I am not saying that these crimes should not be punished, by all means they should. But it should be done with a blinded eye to racism. If it was done by a group of white boys then there would have been a very different outcome during the first trial. I am just saying that over 70% of this nations occupants are of other cultures and races, so when the judges and juries go into court the should not be given the names of the people involved or be able to see them until after they have been sentenced. Maybe by doing this, the people that deserve 90 years in prison GET IT and the ones that should be shown a different path to take GET IT as well.
Hoping for the best and that someday he will be back with his family
Very well said!
Well… I think our citizens LIKE the good ol’ boy network. In the Judy Chafin-Williams case, they allow the Sheriff to call a public meeting where he openly states he is looking for a loophole to “get” a particular citizen, without harming all the other citizens in the county.
They want simple solutions and like to “presume” the worst about those who break the law. The fact is, there are “degrees” of bad – and that is shown in various grades of punishment. But our citizens are often like 8th graders who mostly think in black and white – all good or all bad and have somehow convinced themselves that punishment deters crime, when studies and just looking at recidivism rates will show that “punishment” does one thing – takes a ‘bad guy’ off the street – AT AN EXTREMELY HIGH COST to citizens.
Most of us want the REALLY bad guys to go away for a long time and are willing to pay for that. But the growth in prisons and jails in our country far outpaces the growth in population. We are now throwing away ANYONE who makes a mistake, matures late, or is afflicted with the disease of addiction or mental illness.
We are doing the equivalent of tying them up and hiding them in the attic because we just don’t want to be bothered with thinking about how best to educate and motivate those who are not the best… and not the worst.
The problem is, it isn’t just our citizens who are thinking like middle schoolers… we are electing folks who think that way, as this article clearly shows. And the only ones to blame… is us. We need to THINK about those we elect. Do we REALLY want a hard a$$, take no prisoners prosecutor or sheriff? Or do we want someone who has both a brain and a heart? Now is the time to encourage those with both to consider a stint as a public servant… because we are living with the results of our own choices and it is not only ugly… it is embarrassing.
Just another in a LONG line of examples of how the Lewis County Court system is INEPT and CORRUPT.
The Dept. of Justice needs to investigate the REAL criminals of Lewis County, the ones who hide behind badges and benches!