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Tuesday, March 19, 2024
March 19, 2024

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Death penalty may not be option in child slaying case

State law limits type of homicides eligible for ultimate punishment

By , Columbian Local News Editor
Published:
2 Photos
Ricardo Gutierrez, 39, made his first court appearance Tuesday in Clark County Superior Court on suspicion of first-degree murder. Gutierrez is accused of killing his girlfriend&#039;s 3-year-old son at the home they shared in Battle Ground.
Ricardo Gutierrez, 39, made his first court appearance Tuesday in Clark County Superior Court on suspicion of first-degree murder. Gutierrez is accused of killing his girlfriend's 3-year-old son at the home they shared in Battle Ground. (Amanda Cowan/The Columbian) Photo Gallery

The slaying of a 3-year-old Battle Ground boy has prompted calls for the death penalty for his alleged killer, but that ultimate punishment may not be an option in this case.

Only the crime of aggravated first-degree murder carries a death penalty, and it’s unclear whether that charge will be filed against Ricardo Gutierrez, 39, the man accused of killing his girlfriend’s son.

Clark County Prosecuting Attorney Tony Golik said his office is still working with investigators to determine all of the facts of the Monday night slaying at the Battle Ground home.

Gutierrez appeared Tuesday in Clark County Superior Court on suspicion of first-degree murder. He allegedly beat and stabbed Jose “Pepe” Castillo-Cisneros to death after the child started crying over a movie that he didn’t want to watch, according to court records. The boy’s family has said he was autistic.

Candlelight vigil for Jose "Pepe" Castillo-Cisneros

• When: 7:30 p.m. Friday

• Where: 1617 S.W. Sixth St., Battle Ground

• Information: www.facebook.com/events/1622430924737808/

• Donations: www.gofundme.com/25uqnuc

Golik said Wednesday that his office has not yet made a charging decision in the case.

And, he did not say whether his office plans to seek the death penalty for Gutierrez if he is charged with aggravated first-degree murder. The law would allow the prosecution to pursue the charge and capital punishment if any one of 14 aggravating factors apply to the case. An aggravator is any fact or circumstance that increases the severity or culpability of a crime.

A number of factors are considered in aggravated first-degree murder, including whether the defendant killed a police officer, was hired to commit the murder or had escaped from custody and committed a murder.

At this time, it doesn’t appear Gutierrez’s case neatly fits into any of the 14 aggravating factors. A full list of the aggravating factors for first-degree murder can be found on the Washington State Legislature’s website.

Gov. Jay Inslee in 2014 announced that he would suspend all executions in the state while he’s in office. A future governor could reverse this action, however, and order executions to be carried out.

Although the moratorium exists, Golik said it does not preclude any prosecutor from pursuing capital punishment.

Only five people have been executed since 1976 in the state. Currently, there are nine people, all men, on death row, according to statistics tracked by the Death Penalty Information Center. The state’s death penalty was reenacted in November 1975 but wasn’t used again until 1993, according to the center.

Inslee in his announcement of the moratorium said that only 32 defendants have been sentenced to die since 1981, when the state’s current capital punishment laws were put into place. Of those, 19 had their sentences overturned. One man was set free and 18 had their sentences converted to life in prison.

In reaching his decision, Inslee also cited the cost of pursuing capital punishment — hundreds of thousands and even millions of dollars, which falls on the counties to pay.

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