Rivas charged in officer's death; if convicted, she could face life
It took Mary Jane Rivas only 10 days after she got out of a prison-based drug-rehabilitation program to get high and settle in behind the wheel of the SUV that slammed into Seattle police officer Joselito "Lito" Barber's patrol car Sunday, killing him instantly, police say.
Because of that, Rivas could face a maximum sentence of life in prison if convicted of the vehicular-homicide and possession-of-cocaine charges filed against her Friday.
The standard sentence for those crimes is 10 to 14 years in prison. But King County Prosecutor Norm Maleng announced Friday that he is seeking an exceptional sentence based on the factor of "rapid recidivism." Under state law, judges can impose longer sentences if a jury finds the crime had one or more aggravating factors, such as if the defendant committed it "shortly after being released from incarceration."
"Ten to 14 years is way off the mark," Maleng said during a news conference. "We will ask for a sentence that reflects the outrageous recklessness of the act and the enormity of the loss." He said he'll take a few days before recommending a sentence and hadn't ruled out life in prison, the maximum.
This case will be the first one in King County to rely on the "rapid recidivism" factor since a 2004 Supreme Court decision changed the way exceptional sentences must be sought.
According to charging papers released Friday, Rivas tested positive for cocaine, and cocaine was found hidden inside her body. She is accused of barreling through a Central District red light at an estimated 80 mph and broadsiding the car driven by Barber, 26, who had been on the job for five months.
In May, Rivas was convicted of cocaine possession. When stopped by Everett police in September 2005, Rivas had cocaine on the car seat next to her. She spat out other white drug rocks after she was handcuffed, according to charging papers. She was driving with a suspended license.
In a letter she wrote to Superior Court Judge James Allendoerfer earlier this summer, Rivas said she was trying to get into a Christian-based treatment program. She said she was a Sunday-school teacher who planned to rejoin her father and other relatives after her prison release.
When contacted this week, her father said he had "disowned" the woman long ago.
In her letter to the judge, Rivas wrote, "This is my last best chance. I lost a lot amongst my addiction but by the grace of God my life will be back in order."
Snohomish County prosecutors recommended Rivas serve more than a year in prison for the Everett case. Allendoerfer agreed with the woman's public defender and the Department of Corrections that she receive a Drug Offender Sentencing Alternative (DOSA) sentence. Including jail time, Rivas spent about six months behind bars and was required to enroll in drug treatment.
At the scene of Sunday's accident, Rivas, 31, told police she was a passenger in the SUV and that the driver, another woman, had fled.
The charging papers contain new details about what police say happened in the minutes leading up to the collision.
About 4 a.m., two witnesses saw a similar-looking SUV speed eastbound on Yesler, charging papers say. They told police the car had only one person inside. A police officer driving nearby also said he saw the car, with a driver matching Rivas' description.
Shortly after 4 a.m., two other police officers saw a GMC Yukon traveling so fast it became airborne, according to court papers. The officers said they saw the Yukon run a red light and hit Barber's patrol car. When they responded to the scene, they searched the area and found no evidence of a second passenger, papers said.
Bail for Rivas was set at $1 million Thursday.
Rivas has a lengthy criminal history that includes felony convictions for possession of heroin and methamphetamine, possession of stolen property, eluding a police officer, and unlawful possession of a firearm.
Her license had been suspended, and she was driving a car registered to a Bothell address, police sources say. The car had not been reported stolen.
Maleng wouldn't comment Friday on whether he thought Rivas should have received the DOSA sentence. Snohomish County prosecutors said they weren't in support of the reduced sentencing alternative.
In a statement Friday, Barber's family members said they have faith in the legal process but, "No legal or criminal proceeding is going to return him to us, or reduce our pain."
Natalie Singer: 206-464-2704