Judge Blasts Prosecutor In Pasado Sentencing

A King County Superior Court judge not only declined to give exceptional sentences to two young Bellevue men responsible for the torture death of Pasado, the donkey, but blasted prosecutors for lacking "intellectual integrity" in seeking punishment beyond the standard range.

Michael J. Fox yesterday also raised questions about the attention the celebrated case has taken from recent brutal cases committed against people. The Pasado case generated hundreds of calls to prosecutors and more than 100 letters to the judge, asking for harsh punishment.

Pasado, a longtime attraction at Bellevue's Kelsey Creek Park, was found strangled and tied to a tree by a hangman's noose April 15. More than two hours before the two young men were to be sentenced yesterday, a group carrying tear-shaped signs paraded in front of the courthouse and called for harsh punishment for the pair.

Douglas Gans, 21, was sentenced to nine months in jail and Adrian Lombardi, 18, to one month for second-degree burglary and cruelty to animals.

Earlier in the day, however, in another case, the judge sentenced a Seattle man to more than 17 years for the brutal attack on a 16-year-old girl.

In that case, Larone Charles, 20, was convicted of abducting the girl, beating her, ripping her clothes off, slitting her throat from ear-to-ear and throwing her into a Federal Way dumpster where he and his friends thought she would die.

The girl lived and Charles pleaded guilty to first-degree kidnapping and assault in a plea agreement in which prosecutors dropped attempted murder charges.

The judge yesterday noted the difference in public reaction to the two cases.

"This court did not receive one letter from a member of the public urging the imposition of an exceptional sentence in that case (the attack on the girl)," said Fox. "The girl's mother appeared alone at the sentencing hearing.

"I wish the public could demonstrate the same level of community indignation and concern for that 16-year-old girl as it did for Pasado."

The judge criticized the prosecutor's office for asking for an exceptional sentence for the two in the Pasado case, with an indication that prosecutors were seeking severe punishment more on the basis of public sentiment than reasoned legal argument.

While calling Pasado's death cruel and despicable, Fox said, "I think the court has the right to expect better of the prosecutor's office and the right to expect the positions will have some grounding in fact."

Prosecutors had sought 18 months in jail for Gans, and nine months for Lombardi. The men were found guilty of second-degree burglary for hopping over the donkey's corral fence. That offense carries a far greater punishment, under the law, than beating the donkey to death.

The attorneys for Gans and Lombardi both made emotional pleas to Fox to be lenient.

Lombardi began to read a prepared statement of apology, but broke down in tears. Fox finished the statment, reading it aloud in the crowded courtroom. In it, Lombardi begged for the public and the judge to give him a chance to gain their trust.

Both Gans and Lombardi will also service a month of community service and must pay restitution.

The teenager who joined them in the beating was earlier sentenced in juvenile court to 30 days of detention and almost 200 hours of community service.