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Puyallup teen’s sentence range to be debated
DIANA HEFLEY; The (Snohomish County) Herald
Published: June 26th, 2008 01:00 AM
EVERETT – Snohomish County prosecutors will get a chance to prove why a Puyallup teen should be sentenced as an adult in the Ecstasy overdose death of a classmate.

Superior Court Judge Ellen Fair on Wednesday granted prosecutors a special hearing in the case against Donalydia Huertas, 18. She was convicted last week of controlled substance homicide and second-degree manslaughter for her part in the 2007 Ecstasy overdose death of Danielle McCarthy, 16, also of Puyallup.

Wednesday’s decision was the first step in deciding how much time Huertas will serve after her convictions. She could face a couple months in a juvenile rehabilitation facility if sentenced as a juvenile or years in prison if sentenced as an adult.

Prosecutors initially charged Huertas in juvenile court with controlled substance homicide. The case was moved to adult court after plea negotiations broke down, and Huertas was charged with first-degree manslaughter, an offense that is automatically handled in adult court.

The jury’s decision to convict Huertas of the lesser manslaughter charge sent the case back to juvenile court.

Huertas was 17 at the time she gave Ecstasy to McCarthy.

Prosecutors argued Wednesday that the law allows them to ask the juvenile court to decline jurisdiction and pass authority to adult court for sentencing. Huertas’ attorney Wayne Fricke argued prosecutors missed the deadline to ask for a decline hearing when they first charged Huertas with controlled substance homicide in juvenile court.

Fair ruled the law allowed prosecutors to request a hearing, scheduled for Aug. 11.

Huertas is free on bail.


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