Plea agreement broken, so sentence tossed

TACOMA - The sentence of a woman who pleaded guilty to the murder of a friend has been overturned because, the state Court of Appeals ruled, prosecutors failed to live up to a plea agreement.

Pierce County Prosecutor John Ladenburg said he will appeal the ruling in the case of Tina Louise VanBuren, 22, who pleaded guilty to first-degree murder for her role in the death of Holly Miller.

Evidence showed Miller, 18, of Tacoma was attacked by Keith Ruch on June 12, 1998, with help from VanBuren, his girlfriend, and his 16-year-old nephew, Clifford Collier, after Miller accused VanBuren of stealing some music recordings.

Ruch pleaded guilty to aggravated first-degree murder and was sentenced to life in prison without possibility of release.

Collier agreed to testify for prosecutors and pleaded guilty as a juvenile to rendering criminal assistance. He was placed on community supervision.

VanBuren pleaded guilty to first-degree murder in exchange for a prosecution recommendation of a standard-range sentence of 24 years and four months.

At the sentencing hearing, prosecutors made that recommendation but also noted to the judge that a Corrections Department presentence report suggested an exceptional sentence of 55 1/2 years.

In the ruling issued late last week, a three-judge appeals panel found that prosecutors breached the plea agreement by telling the judge he had good reason to sentence her to more than they had recommended. Prosecutors have an obligation to recommend the sentence contained in a plea agreement, Judge Karen Seinfeld wrote.