Before a Vancouver man was sentenced Monday to 8½ years in prison, two Clark County judges spoke from the other side of the bench, without their traditional black robes, where they took on an unusual role — that of crime victims.
Clark County Superior Court Judge David Gregerson told the Cowlitz County judge who presided over the intimidation case that it was his first time as a victim in a case.
He read from a copy of the letter he received in May at his chambers, which was addressed from James R. Burnett, an inmate at the Clark County Jail. The letter included a graphic account of how Burnett said he’d kill Gregerson and each of his family members. It also noted Burnett’s contacts outside of the jail, including members of outlaw motorcycle clubs, who would harm the judge if he couldn’t.
Gregerson said while he believed the likelihood of Burnett carrying out his threat was low, he couldn’t ignore it. A friend offered to lend Gregerson his shotgun, he said, and he accepted. He took the gun to a range and practiced shooting it, he said, and mentally prepared himself for the possibility of using it to defend his home.
“I do not appreciate being put into a position to make that kind of decision,” Gregerson said. “I had never come close to anything like that in my nearly 20 years of practice as a lawyer and 12 years on the bench.”
Burnett, 41, pleaded guilty March 4 in Clark County Superior Court to one count of intimidating a judge. Deputy Prosecutor Nicole Meyer said Monday that she agreed as a part of Burnett’s plea deal not to file a second count and to allow him to plead guilty to the single charge with both Gregerson and Clark County Superior Court Judge Suzan Clark as the victims. In exchange, the deal meant Burnett would agree to a prison sentence of 102 months.
Gregerson said Burnett threatened him simultaneously as a representative of the justice system and as an individual.
“Though this is a crime against a judicial officer, it is important to remember that there is a real person behind the black robe,” Gregerson said. “One who breathes and bleeds and has family and children.”
Clark spoke to Burnett for much of her statement, telling him he needs to get help instead of living “a life sentence five to six years at a time.”
“You need to do something with your life. There’s more to life than being institutionalized,” she said. “I hope you finally get the message this time because this is no way to live your life.”
She noted Burnett’s history of five previous convictions in Thurston County for intimidating a judge. She told him he needs to change his behavior before he crosses the wrong person.
“I own a 12-gauge shotgun,” Clark said. “And I know how to use it.”
Burnett declined to speak at the hearing. His defense attorney, Ruth Rivas, said he’s spent the bulk of his adult life in prison, and he suffers from mental illness and anger management problems, along with drug addiction. She said she knows Burnett wishes he had a different life, but he lacks the skills to overcome the challenges he’s faced.
“I think prison is the only place he feels safe and at home,” Rivas said.
Burnett also pleaded guilty in a separate case to escape from community custody. The Cowlitz County judge sentenced him to 57 months in that case, to run concurrent with the intimidation case.
