New, slightly longer sentence for West Seattle-residing ex-deputy Darrion Holiwell in drugs, prostitution-assistance case

One more chapter closed today in the case of former King County sheriff’s deputy and West Seattle resident Darrion Holiwell. First, he was charged last June with drug sales, theft, domestic violence, and promoting prostitution. Then he pleaded guilty and was sentenced on August 4th to one year and one day behind bars. At the time, Holiwell – who ran a gun-related business on the side – said he was broke. But as our partners at The Seattle Times reported on August 25th, prosecutors found out otherwise, learning Holiwell was about to get a $181,000 retirement cashout, and filed to have his sentence thrown out on grounds of fraud. The motion was granted, and we just found court records showing Holiwell was re-sentenced today. Judge Bruce Heller gave him a five-month-longer prison sentence – 17 months in all, still short of the 20-month maximum. He also was ordered to pay $45,000 in restitution; no amount had been set when he was originally sentenced in early August. And his previous $1,000 fine for promoting prostitution was tripled to $3,000.

JanS September 29, 2014 (11:43 pm)

and he’ll still walk away with money when he gets out :-\

alki resident September 30, 2014 (6:08 am)

This goes to show you pretty much can do any crime in this state and serve a very short term.

miws September 30, 2014 (7:48 am)

I wonder if the restitution could be reset to $180,999.99?

Mike

onion September 30, 2014 (8:40 am)

Was every dollar of retirement pay that he earned tainted? I don’t understand what the restitution is for, so it’s hard to say whether this amended punishment is fair or not. In any case, with his record and poor decision making I don’t think his “walking away money” will take him far.

Rick September 30, 2014 (10:08 am)

Naah, it would just help him in his next “business” venture.

S September 30, 2014 (10:54 am)

Where do i sign up!?

Matt September 30, 2014 (11:23 am)

Law enforcement should be held at a higher standard than everyone else. For that reason, he should have been received the maximum penalty, but he wasn’t. Then it came to light that there was “fraud” in the sentencing (sounds like lieing under oath as well) and yet he still doesn’t recieve the maximum sentence. Would he have if he wasn’t an ex cop? If he wasn’t a cop would he have gotten the maximum after having to be sentenced twice or was this judge in a really good mood. The preferencial treatment toward LEOs in our justice system needs to be stopped.

bolo September 30, 2014 (11:42 am)

“pleaded guilty… said he was broke”
Could that be perjury? (the broke part, not the guilty part)

Rick September 30, 2014 (12:28 pm)

“Broke” as in Hillary’s “dead broke”?

waterworld September 30, 2014 (2:24 pm)

One reason this is not an issue of perjury or lying under oath is that Holiwell is not the one who said he was broke — his lawyer said it in the previous sentencing hearing. From what the Times article says, it appears that Holiwell’s lawyer did not know he was lying to her or misleading her by not disclosing the retirement money he was due to receive. She stopped representing him after the first sentencing hearing. Holiwell can’t be prosecuted for tricking his lawyer into making a statement in court that later is discovered to be false or misleading.
.
As for the restitution, keep in mind that restitution is totally different from a fine. Restitution is limited to the amount of money required to repay victims of the crime for their direct financial losses. The law does not (yet) permit the government to take away all the money a person has saved simply because he has committed crimes. Personally, I think that’s a good thing.

Gene October 1, 2014 (6:51 am)

The maximum sentence was 20 months- he got 17- 3 shy of max. It may have been the result of a plea deal- or just been at the Judges discretion . Perhaps questions should be asked of Prosecutors office- & Judge? Remember – both KCProsecutor – Dan Satterburg & Judge Bruce Heller are ELECTED — by us!

Sorry, comment time is over.