Murder suspect accepts plea agreement

A 15-year-old Othello youth will be sentenced as an adult to one count of murder in the second degree next Monday in Adams County Superior Court.

Levi Ryen Gonzales of Othello entered an Alford Plea on Monday, Nov. 14, agreeing to a plea bargain just two days before he was to stand trial on several felony charges including murder in the first degree, stemming from a number of incidents in Othello last year when he was 14.

An Alford plea is entered by a defendant in specific circumstances where they do not admit to the act they are accused of, but acknowledge the prosecution will likely succeed in presenting evidence to a jury that results in a conviction

The Gonzales case was originally filed by Adams County Prosecutor Randy Flyckt in June of last year in juvenile court.

The prosecutor’s office later sought to have Gonzales tried as an adult. Following the filing of a motion to Decline Juvenile Jurisdiction in March of this year by the prosecution, Superior Court Judge Richard Miller agreed to the request and determined Gonzales should be tried as an adult.

Until Monday, Gonzales had been held in Martin Hall, a juvenile detention facility. After agreeing to accept the plea bargain, Gonzales was moved to the Adams County Jail where he will remain until sentencing and eventual transfer to a Department of Corrections facility.

Gonzales was originally charged with several felony counts including assault in the first degree for a drive-by shooting on May 13, 2010, assault in the first degree for a second drive-by shooting on May 21, 2010, and murder in the first degree following the shooting death of Julio Cervantes on May 31, 2010.

Defense attorney Laurie Magan sought to keep Gonzales in Martin Hall until his sentencing date, which was originally slated for Nov. 28. Magan stated she wanted Gonzales to continue his programming (schooling) at Martin Hall.

Judge Miller spoke via telephone conference with the administrator of Martin Hall about the possibility of Gonzales remaining there until sentencing. Afterward he questioned Adams County Sheriff Doug Barger about the county’s ability to provide schooling for Gonzales while he was in custody.

Barger said the county had entered into an agreement with Ritzville School District to provide school lessons to Gonzales while he was held in the local jail.

Miller opted to have Gonzales housed in the jail immediately, rather than return him to the juvenile facility until the end of the month.

As a result of the ruling, Magan asked for the sentencing to occur immediately to reduce the amount of time Gonzales would spend in the county jail. She sought to have the sentence handed down last Monday.

Deputy Prosecuting Attorney Carolyn C. Jones advised the court that the state was ready to proceed with the sentencing, but the victim’s family was not. Jones explained the family planned to deliver a victim’s statement in court, but were not prepared to do so on Monday.

Miller worked with both attorneys and it was determined the sentencing could be moved to 9 a.m. on Monday, Nov. 21.

Security for the court proceedings has been tight since the case began due to gang related influences. During previous court appearances, comments have been made by members of the audience that resulted in tension in the courtroom and some individuals were removed as a result.

On Monday, anyone entering the courtroom was checked by sheriff’s deputies who used a metal detector in an effort to prevent weapons from being brought into the court. Members of both the Gonzales family and the victim’s family were escorted to the parking lot at separate times by deputies.

Security will be tight again next Monday as a large crowd is anticipated for the sentencing.