By Tracy Record
West Seattle Blog editor

In King County Superior Court Judge Joan DuBuque‘s courtroom, the third of the three men found guilty of murdering Steve Bushaw in West Seattle in early 2009 has just been sentenced: One of the two triggermen who pleaded guilty, John Sylve, was given a sentence of 20 years total.

His sentencing originally was to be on the same day as that of the other triggerman, Danny O’Neal (here’s our Sept. 30th report), but Sylve’s family was a no-show in court on that date and all parties agreed to a postponement, including the victim’s family.

As the hearing began, the 26-year-old victim’s mother Meg Bushaw spoke:

“These boys have taken so much from us, it’s really unfair … but I do want to thank Mr. Sylve for going to the witness stand. However – I have a few questions (for Sylve): You asked my son for a helping hand, and then shoot him – ask him for a light, then kill him? You describe my son’s eyes like it was nothing, and shoot him? I’ll never get to see those eyes again … never. And I hope you find your soul again. I feel you will answer to God more than to mankind for this act of violence.” Turning back to the judge, Mrs. Bushaw said the surgeon at Harborview said, “The person who shot your son knew where to shoot him, to know where to do the most damage. And that has always stuck in my head. This wasn’t boom boom boom boom, randomly shooting, this was planted, under the arm.”

She was the only member of the Bushaw family to speak; her husband, Steve’s father Ron Bushaw, stood by her side as she addressed the judge and the killer.

Sylve’s lawyer Anthony Russo asked for the low end of the sentencing range, 123 months plus the firearm enhancement, totaling 183 months, which is what O’Neal was given. “This has been an extremely difficult case for everyone involved .. almost three years later, it’s still shocking,” said his lawyer. He said it is most shocking for him because “the John Sylve I know is not that kind of guy,” who killed Bushaw. He said Sylve, now 33, was at “a dark place in his life” when he shot and killed Bushaw, and claims his client made the decision to do that at the last minute, rather than planning it in advance. “Up to that point, he had just been passing through. … After the decision was made, they had 90 minutes to unmake it … (but) nobody ever even raised the possibility of turning around, nobody ever said ‘hey, what are we doing here?'”

Russo blamed “peer pressure” for the fact that wasn’t done, as well as alcohol and marijuana use, leading to “a crazy result where you have this articulate well-spoken collegeeducated man with a good career and three beautiful children [ages 9, 8, 5] somehow at an intersection in the middle of the night with a gun in his hand.” He contended that “this was Bryce Huber’s murder” (the mastermind who was found guilty by a jury two months ago) and that his client “deserves substantial credit” for helping lead to Huber’s conviction. He says Sylve would likely testify against Brandon Chaney, in whose case a jury deadlocked, if prosecutors decide to retry Chaney. He denied that his client was “a paid hitman.”

Judge DuBuque acknowledged receiving “numerous” letters from Sylve’s family members, and one from the confessed killer himself. Four relatives spoke to request leniency, each first turning to offer condolences to the Bushaw family. First, Sylve’s father then spoke, saying he felt certain his son was coerced into participating. Then a cousin spoke to the judge, saying that he found it hard to believe Sylve could have done what he did, “he’s not that kind of person. … I know the Bushaw family has lost, but I know there is still a way that John Sylve can be a better man.” And Sylve’s younger brother spoke, saying his 6- and 7-year-old children “love (Sylve) to death” and insisting his brother “can make up for his mistakes … the longer you keep him away, the longer it’s going to take him to start producing for society.” An uncle spoke as well: “His kids need him; I need him.”

Then Sylve spoke, telling the family “I’ve heard everything you said, I want to say I’m sorry a million times, and that just doesn’t cut it. I want you to know I am sorry … because of the pain I caused you.” He recalled a day during his testimony in the Huber/Chaney, regretting having caused enough pain that family members had to leave the courtroom. He spoke of his children and hoping he might be out to see them go to college. He said his wife is being a “supermom” now raising their three kids alone (he has been in jail since his arrest two years ago). He suggested rather than sentencing him to the low range his lawyer requested, to include the four years’ difference as suspended years, just in case something went wrong. “Help me prove to a lot of people that I can do right.” (Judge DuBuque subsequently said she has “no power” to include a partly suspended sentence.)

“Each sentencing I’ve done in this case has demonstrated the senselessness of what happened on that evening” is how DuBuque then began her pronouncement, saying each defendant had to be regarded individually. “Mr. Sylve was instrumental in this case by virtue of his willingness to testify,” and she noted that the state had acknowledged that by reducing the charge to second-degree murder. She said it is a “tragic waste of talent and hard work” that he had gone down this road. “Each one of these young men I have sentenced so far have had opportunities and talents that could have been useful to society … as did the victim.”

She said she believes Sylve “(has) a future, but I have to hold you accountable … the fair and appropriate sentence ..is 180 months plus the 60 months with the enhancement of firearm.”

That was slightly higher than what prosecutor Jeff Baird had recommended — 172 months, midway in the standard range of 123-220 months, plus the mandatory 5 years for firearm use, which would bring it to 232 months.