August 15, 2006
Suspect In Cop's Traffic Death Should Have Been In Jail

Commenting on the traffic death of young Seattle cop Joselito Barber - hit two days ago in a 80-mph "T-bone" crash by a drug-addicted repeat offender out of jail early under a state-approved "alternative sentencing" scheme - the Seattle P-I editorial board today comes down firmly against "poor driving decisions" and bravely exhorts "policymakers" to boost "safety measures and training." The Seattle Times reports today that Snohomish County prosecutors sought a one-year sentence for the suspect, Mary Jane Rivas, after Everett police confiscated crack cocaine from her in a traffic stop last September. She skipped out on a court hearing scheduled for two weeks later and wasn't collared until February, when she spent three months in jail awaiting sentencing. Then she served only two-and-a-half months on the crime before her early release, recommended by the State Department of Corrections and her public defender. At the time of the crash Rivas was wanted for prostitution, DUI, theft and malicious mischief; and had missed an Aug. 4 meeting with a parole officer. A P-I news article today notes Snohomish County Superior Court Judge James Allendoerferv ensured her early release, just 11 days before the fatal crash. Police told the P-I she had cocaine in her system when admitted to the hospital after the crash. She may face vehicular homicide charges. I hope another early release under "alternative sentencing" won't be in the offing.

Posted by Matt Rosenberg at August 15, 2006 09:50 AM | Email This
Comments
1. Just a little more blood on Leftists' hands.

But, who cares if there's a -D after their name?

Posted by: Jefferson Paine on August 15, 2006 09:41 AM
2. See, its not only a game.

What liberals do KILLS PEOPLE!

Posted by: Steve on August 15, 2006 09:46 AM
3. Liberals aren't merely wrong - they are evil.

This case shows it as well as any.

But please, don't make it all about the D's. The Evanites are just like them.

Posted by: Steve on August 15, 2006 09:48 AM
4. why is she of any value to society? dirtbag; may she rot--this time in jail; all her recent 'springings' occurred due to liberal thinking--and--because no judge's family member was killed; just us expendable commoners;

Posted by: Jimmie-howya-doin on August 15, 2006 10:04 AM
5. How this woman ever got an early realease is beyond me. She has an 11 year criminal history (im sure it is longer than that but her juvi records are sealed). Let's look at this. She skipped out on a court date and had to be caught again and they had to hold her for 3 months for her trial. You would think that this alone should have factored into her sentencing, but in steps liberalism to save the criminals once again. And the liberals wonder why most police officers do not support them.

Posted by: TrueSoldier on August 15, 2006 10:09 AM
6. C'mon liberal legislators and judges---this woman is a bad actor! Why can't we actully protect the public for once??? Tougher laws against these crimes NOW!! And replace these soft legislators and judges with serious ones who actually care about public safety. I've just HAD IT with the laxness of liberal approach to public safety--which isn't much.

Posted by: Misty on August 15, 2006 10:25 AM
7. The woman ought to be publicly executed via the noose. That should terminate this lethal weapon of mass death (WMD) more than anything.

Posted by: Anon Commentator on August 15, 2006 10:26 AM
8. actully=actually

Posted by: Misty on August 15, 2006 10:26 AM
9. Why is it so hard for some people to understand "habitual criminals" can't be rehabed; they must be removed from society so as to protect the law abiding citizens from those who will never change their ways? This case is simply the latest example...right on the heels of John Wayne Thompson, a career sociopath, whom the police wanted to have held in a civil commitment, but were overruled by the AG's office in 2002 (gee, thanks Ms. Gregoire). Now three people are dead and millions of dollars wasted for manhunts and public defenders. Then there is Joseph Duncan case in Idaho/Spokane or the Dru Sjodin murder in North Dakota. Why does it always take innocent lives being lost before we actually get serious and put someone away for good? The system is broken and we as a country are paying a terrible price for the failed policies of the misguided left! My deepest sympathies to the family of Joselito Barber in their time of grief!

Posted by: suzihomemaker on August 15, 2006 10:31 AM
10. I sent the following comments to my legislative representatives this morning.

--------------------

I hope and I'm sure that like me, you are digusted and disheartened by the tragic death of a Seattle police officer this past weekend. The driver of the vehicle is now known to be what any sensible person would consider a "career criminal." Justice has not been served by her lies, deceit, machinations and manipulation of the Washington State judicial system. Simply, THIS MUST STOP.

My co-workers and I discussed this morning how career criminals, because they never attain the level of felony crimes, just keep passing through the system, sometimes dozens, maybe even hundreds of times. This drain on our limited resources cannot go unchecked and the general welfare and safety of the public demands that it not.

Is there no cure that combat this social virus? I believe there is.

I propose that the financial burden of continually dealing with these people can and should be used as a measure against which they should be judged. That when a certain threshold (measured in dollars) has been crossed that a criminal convicted of multiple petty crimes can be said to be a threat to the public good and placed into lifetime incarceration. And I would say that such a threshold should be set at a level that demonstrates the willingness of the community to allow the convict to redeem themselves through whatever rehabilitation means are deemed appropriate (the cost of these rehabilitation programs would not be included in their tally). And I would throw out, just for a number to consider, the value of $500,000 as the level that once surpassed would activate the lifetime penalty. It's not cruel and it's not unusual. But it is fair and it is appropriate that no person be allowed to continually cost society for their crimes and chosen career.

I'd welcome your thoughts, opinions, and plans on how to address this situation.

Posted by: Jamie Walker on August 15, 2006 10:33 AM
11. It sounds like the young Seattle cop's family has a cause of action against the Department of Corrections (or some other governmental agency) for wrongful death. Jeez, in a day or two, the trial lawyers will be all over this one! They always go after whoever has the deepest pockets, and none are deeper than the government's!!

Posted by: Libertarian on August 15, 2006 10:35 AM
12. I hope this will becomes Ms. Gregforhire's....WILLY HORTON...
but we all know that outside of the good people of this Blog no one cares. I was at Pike Place Market very early this morning and while waiting in line at Starbucks I overheard two young upstanding Seattle urbanites talking about this accident. I was shocked to hear one say and the other one agree, "JUST ONE LESS PIG TO F@#K WITH US" and "THE BITCH SHOULDN'T GO TO JAIL BUT GIVEN A F@#K'N MEDAL." "DUDE!"

Steve you are right on... Liberals Kill!!!

Posted by: Pacific Grove Phlash on August 15, 2006 10:39 AM
13. We really should just ship all these "alternatively sentenced" criminals to an island to serve out their time, no prison cells mind you, but a place where they can interact with and kill each other while sparing the rest of us from them.

I hope she never sees the light of day again and that her drug withdrawal is extremely painful. We should also throw the "let the criminals go, they did nothing wrong" group in prison as accessories to the murder of that officer.

Posted by: Tyler on August 15, 2006 10:45 AM
14. I was at Pike Place Market very early this morning and while waiting in line at Starbucks...

Pacific Grove Phlash,

You should only go to Starbuck's in an emergency situation. That company gives a helluva lot of money to the Democratic Party and supports some pretty "granola" socialist ideas.

Do as I do: use the independent coffee shops versus Starbuck's.

Posted by: Libertarian on August 15, 2006 10:49 AM
15. I think Allendorfer was the judge who rules against the state legislature in its attempt to raise taxes/spending through fraudulent accounting 'tricks'.

One can't really blame Allendorfer when the public defendaer and the DOC recommended she be released.

By all accounts I have read, Allendorfer is an excellent and conservative judge. In a recent bench trial, he presided over a trial in which the City of Bellevue lost a property rights case that cost the city over $10 million.

For this, and other reasons, the Seattle Times may want to cast him in an unfavorable light; even if it is unjustified.

Posted by: Don on August 15, 2006 10:57 AM
16. Two points.

1. Don, excellent observation on Judge Allendorfer. One should always be suspicious of the Times. I think we all know that for the left, *everything* is political, even (or especially) the death of a police officer.

2. Phlash, this isn't Willie Horton, it's Valdez Stewart. Remember him? Very similar circumstances. He's the offender who should have been incarcerated but who was allowed to violate the terms of his realease over 100 times by the DOC and almost exactly nine years ago sped through a red light in Tacoma, broadsiding a woman driving to work and killing her. Her family sued the state (one guess who was AG) resulting in the largest ever judgement against the state. The victim happened to be my cousin.

Posted by: Ron on August 15, 2006 11:38 AM
17. Ron - I remember the news story. Sorry for your loss.

Posted by: alphabet soup on August 15, 2006 11:49 AM
18. We should enact laws that will allow us to put people like this loser away forever. For non-felony crimes, something along the line for "5 strikes, then life". If you happen to kill someone as in this case and you have a criminal past, it should be an automatic life sentence. It will be interesting to see how the MSM tries to twist this around like they did with the muslim shooter.

Posted by: Burdabee on August 15, 2006 12:03 PM
19. I say tie lawyers into a concept of 'subsequent negligence'--that means that if you fought dilligently & bravely for a perp's rights, then YOU shoulder the burden for the perp's later havoc; it's called "personal responsibility"

analogy--this happens when some unsuspecting guy buys a 'hot' or poisoned (polluted) parcel of real estate--EPA, and everyone looks to HIM for remedies; he didnt cause it, yet is responsible; a liberal concept; why not lawyers held to same standard for 'inheriting' loser clients?

watch how fast this repeat-offender shyt dries up when some counsel's personal house is up for sale for bankruptcy or to cover costs of HIS OWN liability litigation; WALK THE TALK !!

Posted by: Jimmie-howya-doin on August 15, 2006 12:33 PM
20. The Criminal (In)Justice System

(This is off the top of my head, so it might not be accurate in every minute detail. Just a rant/rave I need to get off my chest.)

-Criminal: Has a choice to commit the crime.
+Victim: Has no choice.

-Criminal: Ignores gun laws (and laws in general).
+Victim: Has to abide by ever-toughening gun laws intended to prevent criminals from using guns (and laws in general).

-Criminal: At their whim, can perpetrate violence on victim at any time.
+Victim: Has to walk on eggs when defending his/her property and/or loved ones against criminals, and live in fear of a lawsuit from the criminal and/or the criminal's relatives should they choose to defend themselves.

-Criminal: Provided with armed security after the commission of a violent felony (murder, rape, etc.) to protect them.
+Victim: Must protect themselves from the criminal, and be careful to not use too much force while doing so.

-Criminal: Free to destroy victim's private property at their leisure.
+Victim: Has to actively seek compensation for property loss (how many convicted felons do you think actually pay the victim back?).

-Criminal: Provided free medical treatment if needed after the crime is committed (assuming they are apprehended immediately).
+Victim: Has to pay for own medical costs (or sue the convicted felon to recover costs - that's a laugh).

-Criminal: Provided with free legal representation if needed (How many convicted felons provide their own attorney?)
+Victim: Must provide their own legal representation if needed for civil action to get compensated for losses due to the crime (the state takes that role in the criminal proceedings).

-Criminal: Provided with free room and board, including TV, billiards, computers, exercise equipment, continuing education programs, free treatment (unless ordered by the court to reimburse the state), all at the expense of the hard working, law abiding tax payer (that's you, me, and the victim).
+Victim: Has to make their own honest living (which is exactly what they were doing before the criminal came along and victimized them in the first place).

I submit to you that the Criminal Justice System has become a giant welfare state for sociopaths.

I support the right for anyone to defend their property and/or loved ones, against criminals, using whatever force necessary. And, no, I don't support vigilantism, although that's what we might end up with if things don't change soon.

People everywhere are fed up with the criminals running rampant, with the help of a gutless legal system. It's time we cracked down on criminals, and really make it so "crime doesn't pay".

Posted by: MB on August 15, 2006 12:35 PM
21. MB--well said; i venture to say that EVERY potential or real perp knows that "schick-chick" sound of a 12-gauge by a homeowner defending his-her own; i'm not a crazy here, but i agree on the 180 degree situ. of perps and innocent victims; it's all upside-down; i'm funding THEIR comforts while tending to my own deep wounds as a victim; so--how is that sensible?

Posted by: Jimmie-howya-doin on August 15, 2006 12:44 PM
22. It is incidents like this that cause less and less people to want to become police officers. When criminals are constantly not made to be accountable for their decisions and actually take personal responsibility we all pay. Right now the Washington State Patrol is not filled to capacity and they admit that it is a bit troubling. Here is a link to a story about that.

http://www.komotv.com/news/story.asp?ID=39789

Posted by TrueSoldier at August 15, 2006 01:01 PM

Posted by: TrueSoldier on August 15, 2006 01:04 PM
23. The D in Democrat stands for Death, Defeat and Diminish.

Oh, the poor, poor victim, how could she be expected to be responsible, she's had a hard life, and the best thing we can do is to continue to appease and excuse her bad behavior.

And then she kills someone while high on cocaine and speeding.

As for Starbucks, $1.50 and up for a cup of coffee? P.T. Barnum haad it right. Where's the value add? I suppose Starbucks feels that the "The Way I See It" campaign with liberal bromides printed on each cup makes up the difference in cost between the 50 cents or so that a cup of coffee is actually worth.

Posted by: Jeff B. on August 15, 2006 01:04 PM
24. The woman had at least four outstanding misdemeanor warrants in Seattle and King County, including one for drunken driving, according to court records. Seattle PI.

A woman under police watch following a crash that killed a rookie officer had been released from prison 10 days earlier,... King5.

Whiskey Tango Foxtrot!!!

How in the name of anything civilized does someone with 4 warrants get released?

Did someone in corrections screw the pooch and not check before kicking her drug addicted ass out he door?

Is the loop hole in the RCW and WAC codes that big? That a 4 warrant habitual criminal can walk?

Either way if the Corrections department doesn't come out with a fix in hours, heads should roll. If not a house and mansion cleaning in Oly are due.

Remember this one come Nov. folks.

I hope for the sake of the owner of her weapon (Tahoe) she stole the thing, otherwise the owner should go down as accessory to murder.

Posted by: JCM on August 15, 2006 01:14 PM
25. "The department attempted to locate her when this tragic event occurred," said Gary Larson, another state corrections spokesman. - Oh I get it, the "tragic event" just "occurred," yea right, and I am Tarzan King of the Jungle. How about "We didn't have a clue as to her whereabouts when she killed the officer."

Posted by: JDH on August 15, 2006 02:22 PM
26. Ron,

Sorry to hear about the loss of your cousin.

If I recall correctly, the state was liable for the death of your cousin because the state was negligent in supervising the parolee and did not seek a warrant for his arrest when he failed to comply with the terms of his parole.

Don't remember the name of the case, but I read the appellate decision on it. At least I think the state appealed.

If the state was negligent in any after release supervision of this woman, the officer's family could have a good case against the state. I don't think the mere early release from jail would be sufficient to assign liabity to the state, unless there was some irregularity surrounding the early release, such as non-ompliance with any rehab treatment or couselling.

If she was ordered to undergo substance abuse counselling and missed several appointments, the state is open to some pretty serious damages.

Posted by: Don on August 15, 2006 04:37 PM
27. The life-long agony this woman has given the Barber family is reprehensible.

She has repeatedly proven her worthlessness, selfishness, and total inability to function in society.

This piece of flesh will likely be given methadone, Tiagabine and similar “treatment drugs,” at no cost to her, while incarcerated. She’ll have a public defender or “panel” defense attorney at no cost to her.

She epitomizes how certain people who contribute the least to society take the most from society - for as long as they can.

Posted by: Tyler Durden on August 15, 2006 04:39 PM
28. Ron,

Just re-read the article and links. The state might as well just open up its checkbook. The statutes and case law makes them liable. The only question is the amount of damages.

Posted by: Don on August 15, 2006 04:41 PM
29. Here's another example. A nine year sentence in 1999 = out and doing it again in 2006.

http://www.king5.com/localnews/stories/NW_081506WABsusan_west_pleaSW.251c757.html

MAK

Posted by: MAK on August 15, 2006 05:48 PM
30. MAK,

I suspect Ms West wishes she was sentenced last week.

Posted by: Don on August 15, 2006 06:42 PM
31. This case hits close to him in that I work with the officer's cousin, with whom he was very close (the officer was only working this weekend so he could get next weekend off to be a groomsman in my cowoker's wedding). I'm pretty sure I've met this officer before. Needless to say, my coworkers (the majority of whom are liberals) and I were more than a little torqued to find this woman has a long rap sheet but was out of jail.

This woman should never see the outside of a prison again. But then again, she shouldn't have been out of prison in the first place.

Posted by: Mike H on August 15, 2006 07:55 PM
32. Oops... that should have read "This case hit close to home..."

Posted by: Mike H on August 15, 2006 07:57 PM
33. Ron...

You are right, I do remember the story, but I had forgotten the details, sorry. Thank You for reminding me and everyone else.

After doing some homework and a call to the Tacoma Police Dept. I found out that Ms. Rivas,was known to the Tacoma Police and had been arrested at least 10 times in the last 10 years. She was convicted of everything from Malicious Mischief, Prostitution, Drug"s and Auto Theft to Convicted Felon Caring a Gun.

Libertarian...

At six in the morning sometimes your thought process is dull...I promise I will never set foot in a Starbucks again...or for that matter buy Ben & Jerry's ice cream!!!

Thank You

Posted by: Pacific Grove Phlash on August 15, 2006 11:59 PM
34. After a criminal, drug addicted, parasite kills a police officer while driving illegally the headline in the newspaper says "Driver of an SUV kills cop".

I guess the SUV did it.

Posted by: swassociates on August 16, 2006 07:16 AM
35. The judge responsible for this travesty is:

Name: James H. Allendoerfer, Judge
Organization: Snohomish County: Superior Court
Address: 3000 Rockefeller Ave, MS 502
Everett, WA 98201-4046
Phone: 425-388-3777
Email: judge@co.snohomish.wa.us

And, yes, our judges need to be held accountable for letting miscreants like this woman out of jail.

Posted by: bulldozer on August 16, 2006 07:29 AM
36. Bulldozer,

The judge simply followed the recommendation of the prosecutor, a liberal democrat, the public defender and the DOC. When the woman failed to apear for an appointment with her parole officer, they should have had her arrested right away.

Can't blame the judge for this one.

Posted by: Don on August 16, 2006 09:32 AM
37. To Post No. 24 Writer: Her SUV was a Yukon, not a Tahoe. There probably isn't much difference other than the name, but let's not give the Tahoe a bad name when it doesn't deserve it.

Posted by: Marilyn on August 16, 2006 11:59 AM
38. i used to vote down prison expansion taxes, thinking, 'screw them-they don't deserve a place on my dime'

now-i re-think it and say--screw them--keep them locked up & away from me to protect ME & my loved ones! yep--i'll now gladly pay for lockups; just not frikkin palaces--make them stark, cold, gray & basic but uncomfortable! not a hell hole, but close; this isn't a lifestyle--it's punishment for YOUR CHOICES against us!

Posted by: Jimmie-howya-doin on August 17, 2006 08:20 PM
39. She should rot in ----. Throw the key away! He would of had a long and happy life, but it was cut short because this person was released early because she promised to clean up and be a better citizen for whatever reason, BS! DOC of WASHINGTON you made a BIG, BIG mistake! Learn your lession from this! It's not THE END yet!

Posted by: L R on September 6, 2006 12:45 PM
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