Appeals court upholds stiff sentences for Tacoma Halloween robbers

A divided Washington State Court of Appeals panel has upheld the convictions and lengthy sentences of two Tacoma teenagers found guilty of robbing trick-or-treaters on Halloween 2012.

In a 2-1 decision released Tuesday, the Division II panel said prosecuting Zyion Houston-Sconiers and Treson Lee Roberts as adults under current Washington law did not violate their Eighth Amendment protections against cruel and unusual punishment.

The judges did urge the state Legislature to review such laws in light of new research on brain development and juvenile psychology.

Houston-Sconiers and Roberts were found guilty of multiple counts of robbery and other crimes in an armed-robbery spree that targeted both adults and children.

Houston-Sconiers was 17 at the time, Roberts 16, but their cases automatically were sent to adult court under Washington law after prosecutors charged them with multiple counts of first-degree robbery and other felonies.

Houston-Sconiers ultimately was sentenced to 31 years in prison and Roberts to 26 years, based solely on the firearm sentencing enhancements their convictions carried. They were sentenced to zero years for the underlying crimes.

The pair argued on appeal that Washington’s so-called “automatic decline” law was unconstitutional under the Eighth Amendment.

They also contended that the due-process clause was unconstitutional because it does not take into account each juvenile’s level of maturity, background and criminal history before sending them straight to adult court for certain crimes.

They cited recent court rulings at the state and federal level that backed their claims, including the landmark case of Miller v. Alabama.

In that case, the U.S. Supreme Court decided it was unconstitutional for juveniles to face life-without-parole sentences without at least a hearing on their individual circumstances.

Writing for the majority in Houston-Sconier’s and Roberts’ case, appellate Judge Rich Melnick rejected those arguments based on the current state of Washington law.

“We reject Houston-Sconiers and Robert’s assertions that ... any sentencing statute that automatically treats a juvenile the same as an adult is unconstitutional,” Melnick wrote in an opinion signed by Chief Judge Jill Johanson.

“In so holding, we are aware that the Legislature’s enactment of the automatic decline statute predated much of the research and data relied on by the Supreme Court ...

“We join the Illinois Supreme Court in urging our Legislature to review our automatic decline statute utilizing current scientific and sociological evidence, which indicates a need for the exercise of judicial discretion in determining the appropriate setting for juvenile cases.”

In a dissent, Acting Chief Judge Thomas Bjorgen said he believes Washington’s automatic decline law is unconstitutional, especially when it exposes a juvenile offender to adult penalties with no judicial discretion.

“The lesson of Miller ... is that the Eighth Amendment does not allow the possibility of the forfeiture of such magnitude to be raised automatically for crimes committed by children, as though by the touch of gear on gear,” Bjorgen wrote.

“Instead, the forfeiture must be allowed through the exercise of human discretion, taking in account all law and science tells us about juveniles and the possibility for amendment of life. Our mandatory declination statute denied Houston-Sconiers and Roberts that chance.”

This story was originally published November 24, 2015 at 5:37 PM with the headline "Appeals court upholds stiff sentences for Tacoma Halloween robbers."