Victim’s family furious as Roxhill Park killer sentenced to 11 years

By Tracy Record
West Seattle Blog editor

One year and one day ago, a gruesome discovery in Roxhill Park – the body of a man who had been viciously beaten. The disturbing details emerged in subsequent days and weeks- the victim, 40-year-old Bernard Martin, had had a shopping cart smashed into him, and had been jumped on, from a low wall nearby.

21-year-old Chatri Thip (right) was arrested and charged within days. His record included involvement in another murder in South King County. Earlier this year, he pleaded guilty to second-degree murder. Today, members of his family came from as far away as Montana to speak to the judge who would decide the price Thip would pay.

After an emotion-wracked hearing lasting almost an hour, King County Superior Court Judge Susan Craighead has just announced her decision: 11 years, the low end of the sentencing range, as recommended by the King County Prosecuting Attorney’s Office, while acknowledging she was worried that because Thip is so young, he will be as much of a threat when he gets out as he was when he killed Martin in a self-described alcohol-fueled rage.

Prosecutor Scott O’Toole explained at the start of the hearing that his office believed Thip was truly remorseful, and that is why they made the recommendation.

The victim’s family left the courtroom hissing insults at Thip, who had read a letter of apology, after their pleas for a tougher sentence.

The high end of the sentencing range would have been 234 months – 8 more years. Before the victim’s relatives spoke, O’Toole elaborated on the request for the low range, saying, “I was present at the discovery of the crime itself, very familiar with what the scene looked like and what happened to the victim. A very unpleasant scene … it has stuck with me over time.” Yet, he said, he stands by the decision to have charged this as second-degree murder, not first. And: “It’s my office’s policy to encourage defendants to accept responsibility, if done in a meaningful way. … Part of accepting responsibility is a genuine sense of remorse.” He said he saw that while Thip was interviewed – including a moment caught on tape, when he said no one else was in the room, and the camera was not visible, in which Thip “made a sincere appeal to his God asking for forgiveness … it seemed very heartfelt.”

(Later, in reference to that, a family member of the victim scoffed, “Everyone knows there are cameras in those rooms. And that the walls have ears.”)

O’Toole acknowledged, before insisting he believed the recommendation is “just,” that “this is not easy for (Martin’s) family. I sat with them and explained our rationale. I thought there was understanding … (but) they have communicated a certain sense of frustration.”

What family members subsequently expressed went beyond frustration, as he brought them up to the bench to address the judge, after explaining that had come from as far away as Montana.

His aunt Connie spoke first, saying that the murder “broke my heart very badly… (Bernard) was well-loved, he was a good person. I miss him so much.” She pointed out that Thip had been involved in a prior murder case, and begged the judge, “Please don’t let him get out with just (11 years).”

Other family members in the gallery sobbed, loudly, as she broke down.

Next to speak, the victim’s mother Dorothy:

“I’m very bitter that my son was taken from me. I just can’t figure why they would hurt him. He was mentally ill. Why would they do that to my baby? How long did he lay there, by himself .. he must have lay there and suffered like a dog or something … He never hurt nobody. It’s evil. May God please step in and show justice for my son.”

Then Mariah, the victim’s brother. “When I found out what happened to him … it’s like losing a part of yourself, to be told you may not be able to view his body because his face is so unrecognizable. And to hear (Thip) describe what he did, because he was drunk? No, I’m a recovering alcoholic … Using a cart? Jumping off a wall? How drunk can you be? He did it intentionally. He planned it. … They re-created my brother’s face for the funeral. I buried a stranger. (Thip) destroyed a part of my family, took away my children’s uncle. He had a heart of gold.”

The victim’s niece Cindy then came forward. She didn’t want to speak, but held up a dreamcatcher, which her mother described as “the last thing he sent to his niece … he wanted her to have good dreams. He made it from scratch out of nothing when he was living on the street.”

Judge Craighead offered, “He’s going to live on in her heart.”

Next, the victim’s cousin Michael, who said he was the first to hear from detectives about the murder of his brother, and that he “was there when they put him in a bag and took him away.” He declared: “I personally believe a minimum sentence says you could come to Washington and commit a homicide and get away with it. … My cousin was beaten beyond recognition. … The man had no face (left) … Please do the right thing. If you don’t, people are going to get the message that you can kill someone in this state and walk out of here.”

Michael also said he believed there was no way that Thip could have done it alone. O’Toole later said that the investigation continues, and there is a chance others could eventually be arrested and charged, and that Thip was expected to cooperate in any such prosecution.

Another cousin, Richard, called the not-yet-pronounced sentence “utterly ridiculous. This man deserves the maximum you can give him and more. Many nights I wished I could be in the same cell as this man …”

From the gallery, several people said, “Me too.”

Richard continued, “… For him to get another chance after being involved in another murder … Is he going to get a fourth chance? A fifth chance? .. This just disgusts me.”

And then came Randall, who said he had “married into the family … we are from different tribes, but I have become part of my wife’s family.” He offered praise for the police who investigated the murder and arrested Thip: “This could have never come to closure without them.” And he simply asked the judge to impose a higher sentence, “if you have discretion in this matter.”

The defense lawyer (whose name we did not get) said that several people had come to court to support Thip, though none spoke – his mother and sister, and a counselor. Judge Craighead told the lawyer, “Your client is very young. I worry about the age he will be if released (after 11 years), the threat he will pose – I want to hear from you about that.”

The lawyer talked about the stress Thip was “facing” at the time of the killing, with a pregnant girlfriend whose brothers were upset about it. She said he has finally come to recognize where he is at and what he has done, and has been examining “what kind of man does he think he should be?” After years of influence by gangs, she said, “he feels he is more free in jail than he has ever been in his life.” And she acknowledged that the lawyers were asking the judge to “take a chance” on Thip.

Then, Thip read his letter of apology. (video added)

He spoke of hoping to go to college, and hoping to pay tribute in some way to his victim.

In the end, Judge Craighead’s remarks boiled down to the fact she wanted to honor the Prosecuting Attorney’s Office recommendation, though the high end of the sentencing range would take him to an age where he would be less likely to re-offend. She said she had considered a mid-range sentence, but that wouldn’t do enough to mitigate not honoring the prosecution’s recommendation. She looked at Thip and said, “I am willing to take a chance on you,” and pronounced the sentence of 134 months in prison, followed by 36 months of “community custody,” and a mandatory alcohol evaluation.

Family members of Bernard Martin began to cry again.

After a few minutes of the procedural matters that conclude many court hearings – restitution orders (his “total legal obligation including restitution” was described as $5,900 so far) and so forth – Bernard Martin’s family began to leave.

“I hope you rot in hell when you die,” one said, toward Thip. Others were more profane. Another said, “He wasn’t sorry he murdered my nephew.”

Thip was taken away, headed for that 11-year sentence.

(Postscript – we are looking up records on that previous conviction of “criminal assistance/murder.” It was filed in November 2008, according to the online docket, which says Thip pleaded guilty on September 28, 2009 – less than a year before he killed Bernard Martin.)

50 Replies to "Victim's family furious as Roxhill Park killer sentenced to 11 years"

  • rob September 23, 2011 (2:30 pm)

    so sick its beyond belief.

  • Amanda September 23, 2011 (2:36 pm)

    Not understanding why the sentencing is so light if the judge: “while acknowledging she was worried that because Thip is so young, he will be as much of a threat when he gets out as he was when he killed Martin in a self-described alcohol-fueled rage.”
    That was a really horrible murder.

  • Rick September 23, 2011 (2:38 pm)

    And yet Mr Martin received a death sentence. Just doesn’t seem right.

  • MyEye September 23, 2011 (2:39 pm)

    Truly remorseful? Like all the other times?

    “The defendant’s criminal history includes a 2008 conviction for Rendering Criminal Assistance in the First Degree relating to a murder committed in Pacific, Washington; a 2006 conviction for Taking a Motor Vehicle Without the Owner’s Permission; and a 2005 conviction for Assault in the Fourth Degree.”

    Yeah, this is a guy who deserves mercy. Great job, Scott!

  • McGinn One Term mayor September 23, 2011 (2:48 pm)

    The sentence does not fit the crime.

    I would guess that we have not seen the last of Mr. Thip’s name in the news.

  • Alki Observer September 23, 2011 (2:54 pm)

    This is just a gross and sad travesty of justice on top of the horrendous murder this low life committed. When do we get to vote the judge out? Disgusting to think of this guy getting out that soon. May he never find rest while in prison.

  • Alki resident September 23, 2011 (2:57 pm)

    Sorry doesnt bring back the victim.He”ll do it again when he gets out.

  • Gyngersnap September 23, 2011 (2:57 pm)

    This person is an animal! And that is an insult to my dog! Justice has become just a 7-letter word.

  • anonyme September 23, 2011 (3:17 pm)

    There was no doubt at all that this guy committed this vicious murder, yet Troy Davis was just executed for a crime on almost zero evidence.

    Statistically, punishment for the murder of a Native American is light to non-existent. Most are simply dismissed as suicides with little to no investigation, including the bludgeoning deaths of two Blackfeet women in Montana a few years back. Equal justice under the law is a myth. Money is the first consideration, race a close second.

  • Yossarian September 23, 2011 (3:20 pm)

    Well that should elevate some confidence in the justice system. Absolutely unbelievable. Making a mental note for future judicial/PA elections.

  • B September 23, 2011 (3:24 pm)

    The Judge should be ashamed of herself.

  • Nick September 23, 2011 (3:26 pm)

    That’s a disgustingly short sentence. He should be put in a cage like the animal he is.

  • Anonymouse September 23, 2011 (4:01 pm)

    It’s time to lobby for tougher sentences for violent crimes. I will be writing letters of complaint to my locally elected officials about Mr. O’Toole’s poor judgement and reckless disregard for the safety of the community. Deepest condolences to the family of the victim.

  • 2 or 4 September 23, 2011 (4:21 pm)

    You’ve gotten too high when you don’t know how to take out the trash anymore! Time for this judge to go.

  • Lola September 23, 2011 (4:32 pm)

    Didn’t I just see a TV report about how Seattle Police want to crack down on repeat violent offenders. This is this guy’s second murder. How many does it take to show a tendency?

    Btw… this person is not an “animal.” That would get too many people off the hook. He’s a human being who is driven by alcohol and rage.

  • 33Pete September 23, 2011 (4:44 pm)

    Judge Craighead has got to go. So does the prosecutor – “I thought there was understanding” with reference to how the victim’s family viewed the low-range sentence. Maybe he missed the part about ” My cousin was beaten beyond recognition . . . The man had no face (left).” NOT A SINGLE FAMILY MEMBER AGREED WITH OR “UNDERSTOOD” THIS SENTENCE.

    What a clown of a prosecutor and a judge. No wonder people have little faith in the justice system.

  • samson September 23, 2011 (4:47 pm)

    If I see that animal around after he gets out! I point at him for murder and chant “murder” Judge needs put herself in victim’s shoes and will understand the feeling of lost love! I do have hard time believing for mentally illness… baloney!!! Disadvantage!!

  • Lfauntleroy September 23, 2011 (5:06 pm)

    This is so pathetic. I absolutely can’t believe his only going to jail for a mere 11 years after brutally murdering a man. What kind of sorry excuse for a judge is this?

  • L September 23, 2011 (5:07 pm)

    Disgusting. I sincerely hope that inmates do to him what he did to his victim. The judge needs to step down. His sentence should have been the maximum, not the minimum allowed. Thoroughly sick to my stomach and disgusted by the lack of justice in this case.

  • Nick September 23, 2011 (6:08 pm)

    I didn’t know you could now brutally murder people and end up with a sentence of only about a decade as long as you’re sorry for what you did. Maybe I need to do better at keeping up with the times.

  • Beth September 23, 2011 (6:10 pm)

    I am absolutely sick to my stomach that this judgement was so disregarding of the victim, his family and the rest of us who have to worry whom else she will “let off the hook”. His age has NOTHING to do with the fact he is a violent murdering thug. My only hope for this out come is that jailhouse justice prevails.
    I wonder how that judge sleeps at night.

  • Wayne September 23, 2011 (6:31 pm)

    Do a little research on the judge. Read about her education and work experience. It’s not hard to understand why someone of her ilk would give a minimum sentence to a sub-human killer. You might also want to thank Governor Gregoire for appointing her to the supreme court.

  • p collins September 23, 2011 (6:35 pm)

    Guess it helps to know the judge’s history! “Craighead has been a commissioner for the Washington state Court of Appeals since 2002 and, prior to that, was a staff attorney for the Seattle-King County Public Defender Association. She was the law clerk for Justice Shirley Abrahamson at the Supreme Court of Wisconsin and worked as a courts reporter and staff writer for the Louisville Courier-Journal. Craighead has also worked for the Federal Defenders of San Diego and the Alabama Capital Representation Resource Center.” Comes from the defender background, sympathetic to defendants.

    • WSB September 23, 2011 (6:43 pm)

      Side note, this is the judge who has presided over the Fauntleroy Place (“The Hole”) case as well – that ended in a settlement that still hasn’t completely surfaced, though as we have reported the property goes up for foreclosure sale in about two weeks, and its future should be much clearer starting that day – TR

  • Dean September 23, 2011 (7:02 pm)

    Impeach the judge and the governor. This is America.

  • Jim September 23, 2011 (7:31 pm)

    If you want her not to be re-elected, someone has to run against her. She was unopposed in 2008. If a Superior Court judge is unopposed, they do not have to stand for election in the primary or the final. She was appointed to her position in 2007 by Governor Gregoire. In other words, she has never been elected.

  • Craig September 23, 2011 (8:03 pm)

    I am ashamed to be a part of this society. Didn’t that nutty lasik Dr. Mokovak get 20 something for just plotting to kill someone? This guy gets 11 for his second involvement taking another human’s life? Charles Bronson and Jimmy Page come to mind about now.

  • Been There September 23, 2011 (8:48 pm)

    This seems so very wrong(: I am so sorry for the victims family.

  • WSR September 23, 2011 (9:42 pm)

    Statistically, punishment for the murder of a Native American is light to non-existent.

    My first thoughts were similar to anonyme’s. Not accusing the judge of willful racism, but it’s not hard to imagine a more significant sentence had the judge and prosecutor been dealing with the white family members of a brutally murdered white man.

  • MyEye September 23, 2011 (9:42 pm)

    While nothing can be changed in this case, I really think more people should call or write in letting the prosecutor’s office know, and Scott O’Toole in particular, how profoundly angry we are in him and in the office.
    .
    I’d really appreciate some followup from the WSB with Mr. O’Toole to give him a chance to explain how Mr. Thip with his record was worthy of the lowest possible sentence.
    .
    Thip is the lowest form of humanity. Also Mr. O’Toole if the following is true:
    .
    “O’Toole later said that the investigation continues, and there is a chance others could eventually be arrested and charged, and that Thip was expected to cooperate in any such prosecution.”
    .
    You should probably make that a condition of sentencing before recommending the lowest possible sentence. Presumably he knows who he was with and could have already given you names.

  • Alki Area September 23, 2011 (9:43 pm)

    11 years? He’s not some “innocent kid” who got into a shoving match and the other guy accidentally feel over and hit his head and died. THAT sort of manslaughter is sad but defensible. This is murder. He intentional beat someone to death in a horrible manner…and it wasn’t even the FIRST murder he’d been “involved with”…and he gets 11 years? Should have been life. Period. This isn’t some “good kid” who had one bad day, but a dangerous murdering psycho. I’m sure his mom loves him and his family pleaded for him, but he’s a crazy violent danger to society. People get more time for DRUGS than this…just NUTS!

  • Mike September 23, 2011 (9:53 pm)

    11 years, well… he might not last that long in prison either. Somebody might not like him so much there and save all of us a lot of tax expenses.

  • Babs September 24, 2011 (12:02 am)

    Karma.

  • ttt September 24, 2011 (8:28 am)

    Judge Susan Craighead needs to go.

  • Kayleigh September 24, 2011 (8:52 am)

    Someone please tell me how and when I can vote Craighead out? I’d like to see more judges who are wise enough to see beyond the con jobs given by the sociopaths they are sentencing. Remorseful my butt.

  • burglarbustindad September 24, 2011 (11:00 am)

    The disabled mentally ill, Mr Cox and Mr. Martin, are free to sleep in the parks. Mr. Thrip is free to commit not one but two murders. Do you feel free or safe? I do not!

  • foyboy September 24, 2011 (11:47 am)

    WSR, this a brutal murder of a man. The guy who did this should be in jail for life. But to think that the judge and prosecutor some how got together and decided to make this raciel is just nuts. Do you think that they for some reason they have something against native Americans? And if you are so worryied about these drunk and drug addicted native Americans maybe your comunity should get out there and help them rather then complain when something gos wrong. Try to keep them out of harms way. Oh and by the way I’m sure most of the people on this blog complaining are white. This crime is sad and like I said in the beginning the guy should be in jail for life. And this judge needs to go.

  • Sgt. Hartman September 24, 2011 (2:20 pm)

    Wow. This is a mockery of a travesty of a sham. I can’t believe the prosecutor and judge could completely disregard the victim’s family this way.

    If nothing else, O’Toole and Craighead’s opponents in their next elections have a lot of ammo.

    • WSB September 24, 2011 (2:25 pm)

      Deputy prosecutors are hired/appointed by the Prosecuting Attorney, who *is* an elected official (Dan Satterberg).

  • Brian September 24, 2011 (7:32 pm)

    So many commenters here seem to care about the victim. I wonder where that concern was when he was alive and homeless.

    Reading the comments it’s plain to see the threat of mob rule and vigilante justice is real and present and why we need to protect and sustain an independent judiciary system.

  • Dazed and Confused September 24, 2011 (8:39 pm)

    Let me first say that the Seattle Police Department was sensitive, informative, diligent and professional. I am from Yakima and read in the PI how the police department is getting bad public relations. And I don’t know about the department in general but the people who worked on this case were there for the family. We are Native Americans. I feel bad for the police department. They put in a lot of hours investigating, put their lives on the line making arrests just so judges and prosecutors can put those same people back on the street for the simple fact that they can.
    Yes…I was in court I heard the Prosecutor tell the court he was recommending the low end or minimum sentence for second degree murder. Yes he got ten years. In the Yakima Herald Republic in yesterday’s paper a gang member who was convicted of a drive by shooting was given a sixteen year sentence. Nobody was shot and no one was killed.
    The family came from Eastern Montana, the Portland area, Yakima and Spokane to attend the hearing. Several of us spoke and submitted letters to the court about how we feel about losing Beanie and how we felt about jail time. It was all a waste of time. There were tears, shouting, swearing and high emotions in court. It didn’t phase the court people. I guess it happens everyday and so what was upsetting, frustrating, heartbreaking and anger was just another stroll in the (Roxbury) Park for the court people. We were thankful that the family of the last guy who was killed by Thip were there and they supported us and submitted a papar and stating Thip should never have been given a light sentence the last time.
    When Thip spoke he read what his attorney wrote for him. He didn’t mean it. It was just window dressing for the prosecutor and the judge. The judge said he was intoxicated and will be given a chance to rehabilitate when he gets out and she told him he better take advantage of it when he gets out. Oh, by the way, he will still be a young man when he gets out.
    Of all the BS that went on in court, it hurt the most when the judge said two times she was concerned with how young he will be when he gets out and then proceeded to give Thip the minimum sentence.
    Maybe Thip knows as long as he kills poor, homeless and handicapped people he can do his jail time standing on his head.

  • Close Enuff September 24, 2011 (9:43 pm)

    This is for Brian. Apparently you never had to try and protect someone from themself. Beanie was homeless but NEVER without family.

  • bridge to somewhere September 25, 2011 (8:03 am)

    what an embarrassingly out-of-touch judge and prosecuting attorney’s office. this dude stomped on some random person to death, and you honestly believe he needs a light sentence?

  • Ex-Westwood Resident September 25, 2011 (4:46 pm)

    As long as the “people” keep electing the SAME ilk that occupies the offices that appoint these type of Judges, or keep electing these type of Judges, this will continue to be a HUGE problem.
    Some criminals DO have a chance of rehab and rejoining society as worthy participants. But others…i.e Thip and Chambers (Tuba Man’s killer) have shown a consistant disregard to the laws of the land and and other people right to life.
    It is time for citizens to take back the system and put Judges, Prosecutors and Representatives that care about “us” instead of where and who their next contribution is going to come to get them re-elected!!!

  • JOE T September 25, 2011 (8:28 pm)

    Send him back to the 3rd world dump he came from when is let out prison.

    We DO not want this freak or his people around here.

    I miss the days when WS was clean and Seattle was not a 3rd world out house full of violent freaks.

    GO AWAY FREAKS !

  • scubafrog September 27, 2011 (9:34 am)

    OH MY LORD – this is his SECOND MURDER? And he gets only 11 years!? This judge and the prosecutors need to be fired post haste, and this disgusting serial murderer needs to spend the rest of his sick life in prison. I hope that people are writing the governor, the mayor, the prosecutor, and the judge. This is another most heinous miscarriage of our justice system. Shame on this killer, shame on his family, shame on the prosecutor, and shame on the judge. This makes me sick.

  • phil dirt September 28, 2011 (6:38 am)

    We need to make sure we vote this incompetent moron, Susan Craighead, out.

  • Resident3 September 28, 2011 (9:03 pm)

    Can a politically knowledgeable WSB reader please confirm for us, O’Toole and Craighead are appointed by the gov? Is that right? If so she lost my vote for sure! Never going to understand this decision, they cared more about giving this evil person a “chance” than they cared about protecting us.

    • WSB September 28, 2011 (9:12 pm)

      Deputy prosecutors are appointed by the Prosecuting Attorney him/herself. Currently, that’s Dan Satterberg. I do not know anything about this gentleman’s background or how long he’s been with the office, but ultimately, it’s THE Prosecuting Attorney you would theoretically hold accountable at the ballot box. An earlier commenter noted that Judge Craighead was appointed, but judges *do* stand for election. I have not verified the commenter’s claim that they don’t if no one runs against them – I certainly recall voting on judge races with just one name on the ballot. – TR

  • moji September 28, 2011 (10:43 pm)

    wtf? No. :( puke.

Sorry, comment time is over.