Sarah asks Stacey Eads…
For the kids?
So I have heard you say alot during this election that you are all about protection of kids. But why did you completely under charge Marcie Kitchen when she hit a killed those 2 little girls. And then she tried to cover it up by hiding her truck and asking her other kid to lie for her. I mean there are drug dealers that get more prison time than she got. And I saw the first complaint you only charge her with one count of negligent homicide, and 1 count of aggravated DUI. She killed two little girls.??? Why didn’t they deserve justice??
— Sarah
Response
Stacey Eads
Dear Sarah,
I will never forget the tragic deaths of Faith and Kiya. Never.
Marcia Kitchen pled guilty and entered admissions to all charges and allegations. She was charged based upon the provable facts, the admissible evidence, and held accountable to the fullest extent of the law. Although the judge conditioned her plea of guilt on giving her the middle term for her sentence I argued for the maximum allowable by the law: 11 years 4 months in prison.
What Ms. Kitchen did is unfathomable. What the law allows for consequence is inadequate.
I fought for Kiya and Faith with the tools available. Unfortunately, the laws don’t always allow for what we might view as true justice. Drinking and driving that results in the death and/or injury of other(s) do not allow for the potential punishment the lay person might expect. Nor does leaving victims behind at the scene. Nor does their age, innocence or relationship to the drunk driver. I struggled with the limited admissible evidence, which simply did not support vehicular manslaughter with gross negligence, and how the case could be charged—seeking to fully hold the offender accountable for her horrific crimes. But, as with any case we must prosecute based upon the admissible evidence and the law. The charging was tailored to fit charges supported by the evidence that maximized her prison exposure, minimized the possibility that the judge would grant her probation, ensured any time she served not be eligible for a “prison” commitment at the local jail in lieu of actual prison time at a CDCR facility, and precluded her commitment from being eligible for day to day sentencing credits. Extensive legal research, careful review of all investigative reports by multiple experienced prosecutors, and consultation with prosecutor Creg Datig, renowned expert in California for prosecution of vehicular manslaughter, occurred in reaching the charging decisions. Ultimately, the maximum charging options, due to the evidence and law, were limited to exactly what she pled guilty to, and that for which she was sentenced by the court.
If you would like more information regarding the applicable law and sentencing rules, and my view of the tragic decisions made by Ms. Kitchen to drive while intoxicated, leave the bodies of Kiya and Faith behind, solicit the involvement of her one remaining child in her crimes—then, please, review my sentencing memorandum, which is filed with the Superior Court of California, County of Humboldt, in docket CR1604145.
I have to think that no lawmaker ever contemplated that what Ms. Kitchen did would occur. But, that doesn’t mean we can not improve the laws. Sarah, I invite you to join me in advocating for tougher penalties for vehicular manslaughter.
Sincerely,
Stacey Eads
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