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TACOMA, Wash. - Pierce County prosecutors are asking a judge to reconsider the sentence handed down to Shawn Kemp for a 2023 shooting at the Tacoma Mall.
What they're saying:
A motion from the Pierce County Prosecuting Attorney claims Kemp committed a violent offense, therefore his sentence should have imposed a punishment that should not have spared him jail time.
Kemp received an "exceptional sentence" of 30 days home detention and 240 hours of community service for his second-degree assault charge, which he previously pleaded guilty to. Judge Michael Schwartz cited "substantial and compelling" reasons from the defense in making the sentencing decision.
However, prosecutors claim Kemp's sentence was outside the permitted sentencing range for a violent offense, adding that a previous second-degree assault case ruled electronic home monitoring cannot be imposed in place of jail time.
The other side:
Kemp's lawyers responded to the state's motion, saying it should be denied, as the sentence imposed was indeed lawful and within the court's discretion.
The defense stated Judge Schwartz did not sentence Kemp to home monitoring in place of jail time, but in fact did not sentence him to any time behind bars at all. They also say that because the sentence was "exceptional," it allowed the judge to grant a sentence below the standard range.
What's next:
A hearing on the sentence reconsideration is set for Sept. 9, with Judge Schwartz expected to take up the matter in his courtroom.
The Source: Information in this story came from court documents from the Pierce County Prosecuting Attorney's Office and Shawn Kemp's defense team.
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