59th/Admiral shooting suspect’s defense argument

As we reported after attending the arraignment of the Alki 17-year-old charged as an adult with second-degree murder for the fatal shooting at 59th/Admiral on October 13th, his lawyer is arguing that he should be released from jail or at least have his bail cut. We now have the court paperwork with details of why the defense claims he would not be a threat to the community — and it aligns with the speculation some voiced when a call for witnesses was put out by lawyer Robert Perez:

The court documents allege that the shooting victim had sexually abused and stalked the defendant, across three states, since the defendant was 12.

Though we have reported the defendant’s name before, we are excising it in this report as there is now an allegation he is a victim of child sexual abuse.

But the fact is that this claim is being made in public court documents to try to explain to the judge, and therefore to us all, why we shouldn’t be worried if the suspect gets out of jail while awaiting trial. So we think it is important for you to know, especially those in the surrounding Alki/Admiral community who were so directly shaken by this killing happening in their neighborhood.

The court document says the two first met in 2002 while the defendant and his mother were living in Southern California:

Sometime during this period, during a visit to the local gas station/mini-mart, (he) met a worker at the gas station, Francisco Bailey-Ortiz, who befriended him. For his own reasons, Bailey-Ortiz provided (him) with free candy and other gifts, including at one point over $80 in cash, an extraordinary sum for a 12-year-old boy. Over time, the gifts came to include cigarettes and alcohol, and the role that Bailey-Ortiz played in (the defendant’s) life grew to become a trusted friend who filled a gap in (his) life. At the time of his death, Bailey-Ortiz was approximately 33 years old.

Shortly after these unsolicited gifts arrived, the motives of Bailey-Ortiz became apparent and he began to sexually molest (the defendant). The free “gifts” continued and the victimization continued.

Although (the defendant’s) mother never knew about Bailey-Ortiz, she became aware of significant changes in (her son’s) behavior. He experienced problems in school and began to argue inexplicably with his mother. She learned about drug involvement. Concerned about his environment, (she) sent him to live with his father in Oregon. …

Despite (the) move out of state, Bailey-Ortiz stalked (the defendant) and followed him up to Oregon state where he continued his victimization of the boy.

The court document then says (the defendant) moved to Washington state with his mother, and:

Even after this move, Bailey-Ortiz continued his stalking and predatory behavior and again followed the family up to Washington, where he took up residence in the University District and continued to visit and abuse (the defendant). The “gifts” … continued, but instead of candy and free money, Bailey-Ortiz provided alcohol, drugs, and, eventually, even a gun.

The sexual abuse continued over the years, culminating in a confrontation occurring on October 13, 2007, in West Seattle. During the confrontation, Bailey-Ortiz was shot and died later that evening. Police released a report indicating that there were no arrests and no suspects in the shooting.

The very next day, (the defendant) surrended to police and told them that he was the person they were seeking in connection with the shooting. Police didn’t know what to do with him at first because there was nothing connecting (him) to the shooting.

From that background, the document moves on to the argument for releasing the defendant or reducing his bail (currently at $500,000):

There is no evidence to suggest (he) is a flight risk. To the contrary, there is every indication that (he) is someone who meets his obligations and takes them seriously. …

When the police had nothing, no clues, no names, no suspects, nothing to indicate who was responsible for the shooting, (he) voluntarily surrendered himself to police. Indeed, after surrendering to police, police were so confounded by his self-surrender they stated that they had no basis to hold him and would have to let him go. They called counsel and stated that they had no reason (to) hold him. On his own initiative, (he) voluntarily offered to them that he was involved in the shooting that occurred in West Seattle the night before. Only after these assurances did police agree to take him into custody. (He) took each of these steps knowing that the person shot had passed away, knowing that he was being sought in what was being characterized as a “murder.” He did this even though police had no reason to connect him to the killing, because he knew that it was his responsibility to do the right thing and on that basis alone, he turned himself in. All of this was done *after* he had been informed by counsel that he was wanted for murder, and what the consequences were for a conviction. All of these facts suggest that (he) does not need bail to assure his attendance in court, even in light of the grave potential penalties he faces. His confidence in his defense and his sense of responsibility combine to remove any reasonable fear that he would fail to keep his commitment.

Counsel is aware that the charges are serious and that, under the statute, the Court must take into account not only the possibility of flight, but also the likelihood that (the defendant) might commit a violent crime. On that point, the evidence before the Court is that (his) problems with Bailey-Ortiz were an anomaly brought on by the decedent himself as a result of 5 years of the predatory sexual victimization of (the defendant), and that this dispute was highly personal and only between (him) and Bailey-Ortiz, and no one else. There is no evidence anywhere, of any kind, to suggest that (the defendant) has ever committed any violent act against anyone other than Bailey-Ortiz, or that he has any disposition to commit any violent act.

The document goes on to point to letters from community members vouching for the defendant, and then adds another argument for his release:

Counsel will need (his) active participation in the defense of the charges. In order to effectively represent (him), counsel will need his help in locating and interviewing witnesses to the relationship with Bailey-Ortiz, something that will be extraordinarily difficult for him to do from a jail cell. Counsel is aware that this alone is not a sufficient basis for release, but counsel submits that the record before this Court, when viewed in its totality, does not support a finding that (he) is likely to commit a violent offense if released on his personal recognizance, nor does it support a finding that he cannot expect to return to court. …

If the Court is inclined to deny a release on Personal Recognizance, we would urge the Court to consider the alternative of Electronic Home Detention. (The defendant) is currently housed in the King County Jail in the general population and, as such, he is at risk of exposure to all of the criminal influences that come with an adult jail facility. Despite the gravity of the charges, the fact remains that (he) is an unsophisticated minor, a child victim of years of sustained sexual abuse by a sexual predator, and someone who should be shielded from the dangers of an adult jail while he awaits trial. Frankly, it is our position that (his) life is in danger in this situation, and the sooner he is removed from the King County Jail, the sooner that danger will subside.

Attached to the court documentation excerpted above are several letters of reference, from people who know the defendant in the Alki neighborhood where he lives with his mother, from a volunteer project he worked on two years ago, from a business where he worked part-time, and from the school he attended (not in West Seattle). He is scheduled to return to court November 7th.

20 Replies to "59th/Admiral shooting suspect's defense argument"

  • Delivery Driver October 29, 2007 (2:17 pm)

    Can’t say I blame the guy.

  • Aidan Hadley October 29, 2007 (2:34 pm)

    Didn’t Erik and Lyle Menendez attempt a similar defense after brutally gunning down their parents back in the early 90’s? What’s not to hate about a stalker and a pedophile, right? The problem is that someone is not available to answer these accusations because he just so happens to be dead. No matter what lengths the defense will go to in order to justify violence, there are clearly other viable remedies available in which to deal with stalking and sexual abuse that do not involve the carnage allegedly perpetrated by this defendant on the streets of West Seattle. I think this young man needs to remain in custody pending trial.

  • Mike2 October 29, 2007 (3:31 pm)

    He’s 12 years old. I’m sure you’d find a better way out of that bad situation. Lucky you’ll never know.

  • Teresa P October 29, 2007 (3:53 pm)

    This young mans’ life has been forever altered and probably runied becasue of this man. He probably watches enough television and news to know that most pedophiles don’t get the punishment they deserve because of fast talking lawyers and people in denial about just how horrible this is becoming in our society.

    They should be locked away FOR LIFE if found guilty yet they are let out after short sentences usually becasue they plead guilty or make a deal. At that time, people then receive warnings about a predator moving to their neighborhood to make sure we protect our children. WHAT IS WRONG WITH THIS PICTURE?

    I am curious if anyone knows if the deceased has a history and previous arrests for the same thing My guess is yes. If that is the case, he got what he deserved. Until we wake up as a country and get rid of these foul human beings and I use that term loosely, our society as a whole is in big trouble.

    If he was my son, the ending would not have been much different.

  • not leaving my name on this one October 29, 2007 (4:20 pm)

    Poor kid.
    Anyone who has been victimized as a child knows that it damages a person. Some become predators, and some fight back. Unfortunately for this kid, he had been trying to escape the guy for years and probably felt that he had no way out. There were some reports by witnesses of a “struggle” prior to the shooting. It’s entirely possible that the deceased was attempting to force the kid to have sex with him. Nobody can say except those who were there.

    I only hope the kid is able to turn his life around and become an advocate. Because that’s a really good way to heal, and his case could be a powerful story if he could use it to help another kid someday.

    As a survivor of abuse, I know that eventually most of us get to a place where if our story saves JUST ONE kid, it is all worth the pain in the end.

  • Jan October 29, 2007 (4:23 pm)

    Mike2…he says the abuse started when he was 12…he’s 17 now…and I hope the best for him. His life is forever altered.He doesn’t need to be with hardcore criminals who will just do the same to him, if he goes to prison. I realize that our justice system is what it is, but if what he says is true, I hope someone has some compassion on him and gets him the help that he is going to need…that’ll never happen in our prison system.

  • Aidan Hadley October 29, 2007 (4:30 pm)

    Look how quickly you all fall for it. I expect this is why the defense adroitly positioned it this way. No matter how horrible the crime, a civil society simply cannot have people grabbing a gun, acting as judge and jury, and splattering someone’s guts all over the place. We have a rule of law as an alternative to violence.

  • WSB October 29, 2007 (4:41 pm)

    Teresa: We plan to do some research on that later tonight, though it will depend on how much court/criminal history information other states have put online. There was no mention in this particular set of court documents of any police reports ever having been filed, although sadly, that’s not necessarily unusual in abuse cases.

  • WestSeattleMom October 29, 2007 (4:43 pm)

    Aidan, a 17 year old boy is just that…a boy! I have teenagers and let me tell you, 17 year old boys often are as emotionally and behaviorally immature as 12 year olds. The decision making part of their brain isn’t yet fully developed. To treat a 17 year old as an adult, even if they commit an adult crime, is wrong in my opinion. I vote for compassion.

  • The Velvet Bulldog October 29, 2007 (6:47 pm)

    The predator gave the kid a GUN. Which the kid then used against the predator to kill him. So in a way, because the predator (allegedly) forced this kid into a situation where he killed the predator with the gifted gun so that he now has to face murder charges – the kid is STILL being victimized by the predator. Good God.

  • Aidan Hadley October 29, 2007 (7:28 pm)

    I agree with the court’s decision to try this young man as an adult. No matter how hard one tries to make up rationalizations, shooting someone to death is a serious crime which should have serious consequences. If the murderer’s story is true I can certainly have sympathy for him as a victim. Compounding violence with more violence can only be exponentially more abhorrent.

    As ever, kudos to the WSB for your excellent coverage.

  • The House October 29, 2007 (8:08 pm)

    Great coverage yet again, WSB. If the abuse charge is accurate, I applaud the kid for taking a child abuser off the street but he still has to pay the price of murder. The kid got in and out of the car that car multiple times and then made the decision to shoot Bailey-Ortiz. That’s murder anyway you look at it. And I don’t care what anyone says, he does not deserve bail for what he did.

    I for one, don’t necessarily believe the abuse charge. It is a great defense because of all of the symathy you’ll get, but drugs and guns are involved as well…..I smell a rat.

  • ANONYMOUS October 29, 2007 (11:50 pm)

    “The court documents allege that the shooting victim had sexually abused and stalked the defendant, across three states, since the defendant was 12.”
    A YOUNG MAN, AT 17, FIVE YEARS OF SEXUAL ABUSE. BAILEY-ORTIZ HAD BEEN STALKING HIM, AND OFFERING HIM DRUGS, ALCOHOL, AND EVEN A GUN FOR GODS SAKE. HE EVEN CONFESSED HIMSELF TO SHOOTING THE MAN. AT 12 YEARS OLD, EVEN AS A TEENAGER, DO YOU KNOW RIGHT FROM WRONG? I MEAN, ALTHOUGH DEATH IS SOMETHING YOU CAN’T JUST “MOVE ON FROM” THE NEXT DAY, NEITHER IS SEXUAL ABUSE. HOW CAN YOU CHARGE THE YOUNG MAN WITH 2nd DEGREE MURDER AND KEEP HIM LOCKED UP, BUT YOU LET JORDAN JANTOC ON HOUSE ARREST FOR SOMETIME FOR “ACCIDENTALLY KILLING HIS BROTHER” — ONE FATAL SHOT. HOW WOULD YOU FEEL IF SOMEONE FOLLOWED YOU EVER MOVE YOU WENT BASICALLY BRIBING YOU WITH THINGS YOU CAN’T TURN DOWN. THINK TWICE, IS JUSTICE REALLY BEING SERVED, OR IS “EVERYONE GETTING WHAT THEY WANTED” BECAUSE THE PERSON WHO PULLED THE TRIGGER IS IN JAIL. IT GOES DEEPER THAN THAT, OPEN YOUR EYES. THIS IS WHAT’S WRONG WITH AMERICA TODAY.

  • WSB October 30, 2007 (12:21 am)

    The name in the previous comment didn’t ring a bell with us so we Googled to save everyone else the trouble. Here’s an article about the Jordan Jantoc case.

  • The House October 30, 2007 (7:35 am)

    I don’t necessarily agree with the Jordan Jantoc case/verdict, but it’s not an even comparison of cases.

  • Kayleigh October 30, 2007 (8:03 am)

    I don’t think this is the place to debate whether or not the killing was justified–that’s why we have a court system (such as it is.)

    Commenting as to whether or not the abuse occurred or how bad it was is just plain offensive. This is partly why rape and abuse victims don’t come forward: they’re afraid no one will believe them.

  • Christopher Boffoli October 30, 2007 (8:24 am)

    This is clearly a sad situation with many facets. I don’t think the commenters here were questioning necessarily whether or not the abuse occurred. The way I read it they were just not so quickly accepting the version of events of a young man currently in jail for shooting a man multiple times in broad daylight in the middle of a neighborhood full of our neighbors and children.

    As it is clear even in these comments, the very nature of accusations of sexual abuse (perhaps because of the stigma of reporting it or how often it has been ignored) has a tendency to move people towards an automatic assumption of guilt. Sexual abuse complaints should be taken VERY seriously. But it is also something that is extremely easy to accuse someone of and difficult for them to defend themselves against. Dead men cannot answer questions.

    Let’s hope that none of us are empaneled as jurors on this case because it looks like many of us already have strong opinions on the matter.

  • MargeC October 30, 2007 (4:20 pm)

    According to the lawyer, “Detectives mentioned that they were worried about the public’s safety regarding the handgun. Myatt-Perez said that it was in a safe place.”
    OK – where is the gun NOW?
    The description of the Bellevue police procedures is not exactly reassuring.

  • Isaac October 31, 2007 (12:28 am)

    Still much to find out, past history about both from other states could go along ways to build some facts. A bail hearing in few days should be on the best present information.

  • Robert Perez October 8, 2008 (9:43 pm)

    To answer two of the questions that arose in this thread:

    1) The gun was tossed into the Puget Sound and is not a threat to anyone. My client assisted law enforcement in locating the place where he tossed it.

    2) As to the decedent’s criminal record, he was a previously deported felon living illegally in the United States with multiple identities, and was skilled at avoiding detection. There are other young boys who will testify at trial that the decedent made a move on them.

    ****

    I understand some of the cynicism and skepticism that greets my client’s account. As Kayleigh has pointed out, victims of sexual abuse are often greeted with this kind of reception and it only increases their reluctance to report. Moreover, when a 12 year old child misses the opportunity to report a first incident, and then the abuse continues, he becomes consumed with guilt that his own “participation” has contributed to his situation and he becomes even less willing to come forward as his victimization continues.

    – RP

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