Slaying victim's family presses for stiffer sentence

Bellevue teacher Jackie Estephan told a judge that each day she listens to her students recite the Pledge of Allegiance.

"I cringe when I get to the part: liberty and justice for all," she said. "Where is the justice for my brother?"

As Estephan broke into tears, George Elias Estephan's killer, John David Spencer, a small man in a gray sweater and pants, turned to her and began to shout.

"Do you want to know any of the details?" he yelled Friday during what was to be his sentencing. His attorney and the judge tried to silence him.

In the wake of the Estephan family's vigorous campaign — which included letters, a Web site, posters and nearly 90 friends and family coming to court in T-shirts with photos of George Elias Estephan — King County Superior Court Judge Charles Mertel postponed sentencing Spencer until next week. He asked Senior Deputy Prosecutor Craig Peterson to try to find a way to give Spencer a longer sentence than that agreed to by the prosecution and defense.

"I'm offended by this ... and how it appears to tie the court's hands," Mertel said.

Spencer's charges of second-degree manslaughter, burglary and assault were to run concurrently, meaning he'd be out of prison in 6 ½ to 8 ½ years. But Mertel asked the prosecutor to see if sentencing Spencer to consecutive terms would be possible. It would nearly double the sentence.

Spencer signed the Alford plea, meaning that he does not admit guilt but agrees he likely would be convicted if it went to trial. In exchange, prosecutors agreed to reduce the original second-degree murder charge to manslaughter. They also agreed to a sentence in the standard range, which outraged Estephan's family and friends.

In June 2006, Estephan befriended Spencer, then 25, who had a long history of drug abuse. Estephan let Spencer stay at his house in the 1300 block of 144th Avenue Southeast. They had a confrontation after Spencer urinated in the living room, and, according to the court documents, Spencer got a knife, ran after Estephan and stabbed him in the throat.

Once Estephan was down, Spencer continued to assault him until he was pulled off by one of the roommates, whom he also assaulted. Spencer fled to a nearby house and was hiding in a spare bedroom until the owner's dog began to bark, and police were alerted to Spencer's presence.

Spencer said he could not remember attacking Estephan and pleaded not guilty by reason of diminished capacity — meaning he was mentally unable to form the intent to commit the crime.

The prosecution, concerned about proving intent, opted for the plea bargain.

"I, like you, am struggling with this [sentence]," Mertel told the vocal group of family and friends who gathered in court.

Jackie Estephan scoffed at Spencer's diminished-capacity claim.

"It's an outrage that the laws are being manipulated," she said. "I could spend hours talking about my fear, depression and anxiety" and the anguish of having her toddler son repeatedly ask where his beloved uncle is.

"I cannot bear to tell my precious toddler how John Spencer got away with murder."

Nancy Bartley: 206-464-8522 or nbartley@seattletimes.com