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Washington Court of Appeals: Freeman High School shooter must be resentenced

The Washington State Court of Appeals determined Caleb Sharpe was sentenced to too long of a prison term and needs to be resentenced.

SPOKANE, Wash. — A man convicted of opening fire and killing a student in a hallway at Freeman High School nearly seven years ago is set to be resentenced.

Caleb Sharpe was just 15 years old when he entered Freeman High School with a gun, shot and killed one student and seriously injured three other students in 2017. In 2022, Sharpe, who was 18 at the time, was sentenced to 40 years to life in prison with additional lifetime supervision. In an opinion filed Tuesday, the Washington State Court of Appeals concluded Sharpe was sentenced to too long of a prison term and needs to be resentenced.

According to the opinion, Sharpe raised several challenges to his sentence. He cited a Washington state law that require an exact sentence of 25 years to life for anyone who committed the crime when they were 16 or younger, as well as anther law that states firearm enhancements don't apply to people who commit first-degree murder when they are under the age of 16. Sharpe also claimed his 40-year sentence is unconstitutional because it is essentially a life sentence.

"We accept the State’s concession and hold that former RCW 10.95.030(3)(a)(i) requires a trial court to impose the exact sentence of 25 years to life on a defendant who was under the age of 16 when they committed the crime of aggravated first degree murder," the opinion reads. 

Sharpe also claimed his confession to police shortly after his arrest was involuntary, according to the opinion. However, the court stated Sharpe waived his right to challenge his confession after he pleaded guilty to the crimes in 2022. 

"We grant the parties’ joint request to reverse Sharpe’s sentence and remand for de novo resentencing," the opinion reads.

Retired criminal defense attorney Jeffery Finer recently represented Kevin Boot, who was resentenced for a second time for a crime he committed when he was 17. Washington state juvenile sentencing laws are in flux, which Finer said makes it challenging for attorneys and judges to keep up.

"I don't know we've seen the last of the amendments, but each resentencing, multiplied by the dozens and dozens across the state, I think puts a burden on the court and the families but justice has to be served," he said.

A date for Sharpe's resentencing has not been set at this time.

Randy Russell, the superintendent of the Freeman School District, issued the following statement on the court's decision, stating in part:

"The Freeman School District is disappointed in today’s announcement that the WA State Court of Appeals has ordered the re-sentencing of Caleb Sharpe. It’s heartbreaking that the Freeman students, staff, families, and community will be exposed to yet another conversation about the situation. We will continue providing support and services to Freeman students, staff, and families as we navigate our continuing road of recovery."

Read the full opinion here.

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