7-Year Sentence Stricken In `Good Samaritan' Killing -- Dangerousness Not Grounds For Deciding Term

A state appeals court yesterday threw out the exceptional 70-year sentence imposed on Phillip Hillman for the 1990 murder of a "Good Samaritan" who tried to help when Hillman's truck got stuck on a back road.

The appellate judges made clear their reluctance to overrule the trial court, but said that under a 1991 state Supreme Court ruling, they had no choice.

The sentence was imposed by Snohomish County Superior Court Judge Daniel Kershner in September 1990, after Hillman pleaded guilty to first-degree murder in the shotgun slaying of Richard Duncan, a Duvall real-estate agent.

Hillman had been charged with aggravated first-degree murder, which carries a maximum penalty of death or life imprisonment without parole. The prosecution and the defense both recommended Hillman be sentenced at the high end of the standard range - to 388 months, or about 32 years.

In imposing the 70-year sentence, Kershner cited the likelihood that Hillman would commit another violent offense.

A psychiatrist's report said Hillman, previously convicted of second-degree murder and second-degree assault, appeared to suffer post-traumatic stress disorder related to his combat duty in Vietnam and was unlikely to respond to treatment.

The judge also cited the "Good Samaritan" exception, which holds that a person helping another is particularly vulnerable.

In its decision yesterday, the appeals court said the "Good Samaritan" factor was valid.

But it said that under the state Supreme Court's 1991 ruling in State vs. Barnes, "future dangerousness" is not grounds for an exceptional sentence in a non-sexual case.

Future dangerousness can be used only in determining the length of the sentence, once the decision to impose an exceptional sentence is made based on other factors, the court said.

The appellate court ordered Hillman resentenced because of "the great weight placed on that factor by the trial court."

Because the Snohomish County prosecutor's office accepted Hillman's plea, it was required to recommend a sentence within the standard range, deputy prosecutor Aaron Fine said. Judges are not bound by the recommendations.

At resentencing, Fine said, the trial court can decide whether the "Good Samaritan" factor alone is grounds for an exceptional sentence.

The prosecutors' only recourse at this stage would be to ask the Supreme Court to reconsider its decision in State vs. Barnes, he said. No decision has been made on that possibility, he said, though the court is unlikely to reverse on such a recent ruling.

The appellate judges said the issue would be entirely different if they were convinced the "Good Samaritan" factor was the sole basis for imposing an exceptional sentence and that future dangerousness was considered only in determining the length of the sentence.

"We see nothing in Barnes" that suggests protecting the public from someone "who admits he is liable to murder again" is not a valid reason for a lengthy sentence, they said.

"The record reflects that the violent behavior of Hillman is escalating," they wrote, noting the "cold-blooded stalking and ambush" of Duncan.

"The record fully supports the trial court's determination that to release this man at any time would be tantamount to sentencing another person to death."

The shooting occurred on May 2, 1990.

According to a statement from Hillman, he and his wife had been driving on a logging road near Darrington when their truck got stuck. Hillman grabbed his shotgun and walked to the main road for help.

Duncan, who was driving by, offered to drive into town to get a tow truck. Within 15 minutes, he returned and offered to help pull the truck out.

Duncan and Hillman's wife walked up the logging road to look at the truck while Hillman remained by the main road.

When they returned, Hillman - who was hiding in the brush along the side of the road - shot Duncan.

Hillman's wife led authorities to the shallow grave where Duncan was buried.