Marci Kitchen sentenced to 8 years in state prison

This morning, Judge Cockrum said that a "Judge does not make a decision based on public sentiment but according to the law."

Judge Kaleb Cockrum sentenced Marci Kitchen to 8 years in state prison. She was led away in cuffs. Probation was denied. After release, Marci Kitchen will be on parole for three years. She cannot own a firearm for life.

Judge Cockrum said that Count 1 was "all too common in Humboldt County. It's Ms. Kitchen's behavior after the crime that is not the norm."

Judge Cockrum said "prison is more appropriate sentence." Judge Cockrum said, ," The Court does not believe Ms. Kitchen will comply with probation."

Judge Cockrum explained his decision in detail.  Before his ruling  Judge Cockrum said "there are four potential sentences. "This is legally one of the hardest cases."

To the victims and the families, Judge Cockrum said, "I see these crimes have shaken you to the core. Nothing I or any Judge can do will fully make you whole again."

Court minutes will not be up today; sometime by Thursday per court clerk. They still have to be reviewed by the Judge.

Count 1: mid term of 2 years; consecutive 5 years for the special allegation of fleeing the crime scene; additional 1 year for the multiple victim special allegation.

Count 2, sentence for  months  was "imposed but stayed" per PC 654.
Counts 3 and 4 dismissed.

Resitution is reserved. Marci Kitchen will get credits for the time she spent in jail, including "good time" PC 4019 credits for 33 days.

Judge Cockrum said, "there is nothing to cover up if you hit a deer."

Judge Cockrum did not believe Marci hit a deer, he said her actions after the crime were "calculated" not "panicked."

Judge Cockrum said that Marci Kitchen sat in a car (after she hit the girls) for a few minutes, made a call. She did not "come clean" when she returned to the crime scene. At the hospital, she did not come clean.

Charges:

Families and supporters hugged each other after the ruling. There were three times more people for Kiya Kitchen and Faith Tsarnas compared to those present today for Marci Kitchen. There was not enough room in Courtroom 1 and some of Faith Tsarnas' family members had to stay out in the hallway.

Joe and Jevin Kitchen, the Baldwins declined comment after the hearing. Ms. Elan Firpo was present with Jeff Tsarnas. Ms. Heidi Holmquist Wells was present in court with and for Joe and Jevin Kitchen.

Judge Cockrum said he did believe Marci Kitchen was remorseful. Ms. O' Conell also said that today. Those speaking on behalf of Faith and Kiya and most in the community, in court, outside court do not agree with that remark.

I did a detailed post yesterday which lists the charges, background on the plea deal and factors considered by Judge Cockrum in reaching his decision and PC  654. It is linked below.

Previous post:
https://johnchiv.blogspot.com/2018/09/i-not-only-lost-my-sister-that-night-i.html?m=1

Related post:
https://johnchiv.blogspot.com/2018/09/will-pc-654-impact-marci-kitchens.html?m=1