Man pleads guilty to 2nd-degree manslaughter for shooting at Orting-area treehouse
A man accused of fatally shooting a romantic rival at a treehouse near Orting pleaded guilty to second-degree manslaughter Friday.
Pierce County Superior Court Judge James Orlando gave Troy Joe Chute a low-end sentence of three years, eight months, which is what the state recommended. Much of that he’s already served.
Prosecutors accused the 44-year-old of killing 34-year-old Jacob Nicholas March 12, 2018 and burning down the crime scene.
In November, jurors acquitted Chute of first-degree murder and hung on other charges, convicting him only of third-degree assault — a lesser crime than the first-degree assault he was charged with.
Defense attorney Bryan Hershman said jurors voted 9-3 to acquit his client of second-degree murder and first-degree manslaughter, and 11-1 to acquit him of arson, which meant a mistrial was declared on those counts.
Until about 15 minutes before he appeared in court Friday, it wasn’t clear what Troy Chute was going to do, his lawyer told the court.
“In 35 years I’ve never had anybody grind their teeth more than Troy Chute,” Hershman told the court about the plea. “... Troy is very committed to his theory of the case.”
Deputy prosecutor Rosie Martinelli told the court the resolution Friday was fair, and she didn’t think “anyone is happy about it.”
“This case lasted many weeks,” Martinelli said. “The jury deliberated for a very long time.”
Prosecutors argued that Chute and Nicholas were in love with the same woman, and that jealously and rage led Chute to kill Nicholas at the remote treehouse where the woman was living. They also alleged Chute was upset because he believed Nicholas had stolen his motorcycle.
Nicholas was shot in the chest, and the woman was shot in the foot.
Chute argued that he fired by mistake when he shot the woman and that he shot Nicholas in self-defense.
Hershman asked for an exceptional sentence below the standard range.
“It was a terrible convergence of forces, started by negligence,” Hershman told the court. “There was not intent here. ... A terrible, terrible result, but negligence nonetheless.”
He said Chute has shown “profound remorse.”
Chute himself told the judge: “I’m sorry that this whole thing occurred. I’m sorry that Jake is dead.”
He said he was also sorry for what Nicholas’ parents went through and that the woman was hurt.
“I wish it would have never happened,” Chute said. “It was not my intent.”
Judge Orlando told Chute: “I don’t think I’ve ever had a more bizarre case factually.”
He said it was clear Chute and Nicholas “were involved in this romantic triangle,” and that all three converged on the treehouse at 2 a.m. or 3 a.m.
Chute, the judge said, was the one who brought guns.
“Jake brought an apple pie,” Orlando said.
He also said he suspects there’s a lot about the case that isn’t known.
“I appreciate your remorse,” the judge told Chute. “I truly believe that in hindsight you wish that none of this happened.”
But it did, he said.
Then he handed down Chute’s sentence.
This story was originally published January 10, 2020 at 1:40 PM.
