Ahead of the 2022 legislative session in Washington state, bill 1692 was introduced to remove drive-by shootings as the basis for elevating murder in the first degree to aggravated murder in the first degree all in the name of promoting racial equity.
The bill was introduced by Representatives Tarra Simmons (D-Bremerton) and David Hackney (D-Tukwila). Not only do they want to strike the provision to elevate the charges in cases going forward but another part of this legislation also proposes that it be enacted retroactively.
This would mean those who had previously been convicted of aggravated murder in the first degree and the only elevating circumstance was drive-by shooting would be given a new sentencing hearing to be sentenced under the new guidelines if the bill passes.
Rep Simmons had this to say about the bill, “it’s clear that it was targeted at gangs that were predominantly young and Black. I believe in a society that believes in the power of redemption. Murder is murder no matter where the bullet comes from but locking young people up and throwing away the key is not the answer.”
According to Simmons the aggravating factor for drive-by shootings has only been used once since it was instituted in 1995.
Kimonti Carter became a gang member at just 11 years old. He admitted he committed burglary, robbery, car theft, possession of narcotics, and more, before he turned 16. But in 1997, when he was 18, Carter was involved in a drive-by shooting that murdered a young college student in Tacoma, Corey Pittman. He was sentenced to 777 years in prison without parole.
Simmons argued, “If he had been standing outside of the vehicle at the time, he would’ve faced 240-320 months in prison. Instead, he was sentenced to life in prison with no opportunity for parole because of this law. This law’s history and application… is what we mean when we talk about systemic racism.”
The bill would retroactively apply which could potentially free Carter from prison if the bill is passed.
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