KING COUNTY, Wash. - In a case that reflects ongoing debate about the criminal justice system's approach to bail, particularly in cases involving violent crimes, King County Superior Court Judge Johanna Bender says she empathizes with the mother of a murder suspect.
King County Prosecutors charged 20-year-old K'Shawn Jimerson with second-degree murder. He is accused of stabbing a 65-year-old handyman in the back with a large kitchen knife, killing him.
Renton Police say Jimerson was seen on surveillance video hitting 65-year-old Michael Gray twice from behind with a broom stick. Gray then turned and followed Jimerson into the home where detectives say Jimerson stabbed him twice. In a 911 call, Jimerson claimed self-defense. Renton Police say the video and the wounds in Gray's back and side show it was not a case of self-defense.
At his first court hearing, King County District Court Judge Michele Gehlsen's initial decision to set a bail amount of $50,000 despite prosecutors requesting a $2 million bail was met with shock, particularly among law enforcement leaders who felt it did not reflect the gravity of the crime.
"Our community deserves to be protected from a suspect who commits these violent acts," said Renton Police Chief Jon Schuldt in a statement after Jimerson posted bail and was released from jail.
A few days later, prosecutors formally charged him with second-degree murder and requested his bail be increased to $2 million.
During a hearing on Oct. 3 to address their motion to increase his bail, Judge Bender asked the courtroom if anyone wished to address the issue. Jimerson's mother approached the bench requesting that the media not be allowed to show the 20-year-old's face in fear of what she called "vigilante justice."
"People want to take matters into their own hands and attack my child," Jimerson's mother said. "I feel like he's being tried before he even had the opportunity to have a trial."
That's when Judge Bender expressed empathy for Jimerson's mother and paused the court hearing.
"This hearing is not about me, but I will share with you that I often get death threats based on the decisions that I made. Which is equally frustrating to me because I'm trying to do my job, and it should not be the responsibility of any member of the public to threaten my life because I am trying to uphold the law. So, I am very empathetic to the situation that the family finds themselves in, having experienced it themselves and I understand personally how frightening and disruptive it is all the more so while navigating this incredibly traumatic time for your family," Judge Bender said to Jimerson's mother. "I am just doing my job, you're dealing with a crisis. That's a huge difference and one for which I am very empathetic. I will also take this opportunity to editorialize, that I hope the press takes seriously their obligation to tell the stories of what happens in our courtroom in a fair and unbiased way and takes every reasonable editorial action to not stir up public sentiment for revenge."
FOX 13 Seattle has previously reported on decisions made by Judge Bender that have outraged victims and their family members. In July, she set bail at $50,000 for the man accused of shooting a grandmother multiple times at a Covington ATM.
The shooting occurred in front of her granddaughter.
"I should have the right to have the peace of mind knowing they're locked up and I don't have that," said Tina, who asked that her last name be withheld for her safety. "I can guarantee you my medical bills far exceed that amount of money."
In February, Judge Bender lowered the bail of an accused accomplice in the double murder of Robert Riley and Ashley Williams from $1,000,000 to $20,000. When the victims' family members found out about the decision, they were furious. "Nobody is safe, you know, if he's out. $20,000 bail is not enough to protect people," they said.
In the most recent case in Renton, Judge Bender ruled that the media could show Jimerson's face because the surveillance video had already been aired on local media. She increased his bail to $500,000 rather than grant the prosecutors' request of $2 million.
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