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Washington v. Massey6/6/1990
Barry Massey, a juvenile, appeals his aggravated first degree murder conviction. He argues that the juvenile court should have retained jurisdiction; that he was unable to intelligently waive his Fifth and Sixth Amendment rights prior to confessing; and that the testimony concerning his partner's confession and other crimes was improperly excluded. He also argues that there was insufficient evidence to support a conviction and that life without possibility of parole constitutes cruel and unusual punishment. We affirm.
On January 10, 1987, Paul Wang, owner of the Steilacoom Marina, was found dead at the marina. He had been shot twice, once in the stomach and head, and stabbed seven times. Witnesses informed the police officers that a white male and female were seen running from the area.
The Pierce County Sheriff's Department sent Officer Morrison to cover an escape route, with instructions to stop all traffic. She saw two vehicles leaving the area. Morrison realized that she could only stop one vehicle, and chose the closer, a truck. The truck contained a white 20-year-old male, and two black juveniles, 13-year-old Barry Massey and 15-year-old Michael Harris. After identifying the three occupants, Officer Morrison released Harris and the other person, but retained Massey, because he had been listed as a missing child, and placed him in her patrol car.
While waiting at her position, Officer Morrison observed a canine unit coming out of the woods; the canine began circling her patrol car. She moved her vehicle and the canine again circled the car. Officer Andrews, the canine handler, informed Officer Morrison that the assailants had been described as two black juveniles.
The officers examined Massey's shoe prints and concluded that the shoe prints matched those left at the crime scene. Massey was then read his Miranda rights, including the juvenile advisement, and placed under arrest. After his
arrest, Massey told Officer Morrison that he was not involved in the homicide, but that he and Harris found the victim dead and decided to rob the store. Massey later volunteered the same information to Officer Hall.
Massey was transferred to Officer Hall's patrol car and transported to the police station. At the station, Massey was given his Miranda rights again. Massey waived his rights and then provided a recorded statement to Officer Hall indicating that he and Harris had committed the crime. During his statement, Massey said that he had never been "in juvenile" and asked if he was "going to jail for life." Massey also said they killed Wang because he could recognize Harris's face in a "mug book."
Harris was later arrested, and when taken back to the crime scene he provided the location of the gun used to perpetrate the murder.
The State charged Massey and Harris with aggravated first degree murder, first degree burglary, and first degree robbery. The State made a motion in juvenile court for a declination of juvenile jurisdiction. Massey issued a subpoena to the prosecutor and moved to take the prosecutor's deposition to determine the basis for the motion. The juvenile court denied Massey's motion and quashed the subpoena.
In April 1987, the juvenile court held a declination hearing. Two psychologists testified that Massey had the mental age of a 9.9-year-old, a borderline I.Q. of 77, and was considered a slow learner. Massey's reading, spelling, and arithmetic levels were also below average. Massey was considered passive, conforming and accommodating, but had a high antisocial tendency. Based on the testimony, the juvenile court declined jurisdiction, determining that the tests were unreliable
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