Danielle McCarthy – Tougher charges filed in teens overdose death 9.24.2007.wmv

SEATTLE — A Puyallup teen convicted in the overdose death of a classmate is fighting a Snohomish County judge’s decision to keep her locked up until her 21st birthday. Donalydia Huertas, 19, has been in juvenile detention since August, when Superior Court Judge Ellen Fair ordered her held until she turns 21. The judge determined that the standard juvenile sentence — a maximum of 30 days — would be a manifest injustice. Huertas was convicted in June of second-degree manslaughter and controlled substance homicide in the Ecstasy overdose death of Danielle McCarthy, 16. A jury found that Huertas was negligent when she supplied McCarthy with drugs and failed to summon aid while the girl overdosed for several hours. Huertas’ attorney Wayne Fricke is scheduled to argue today in the state Court of Appeals in Seattle for his client’s release. Huertas is not expected to attend the hearing set before a court commissioner. “I hope to get her out by Christmas, if there’s any justice in the world,” Fricke said. The Tacoma attorney said he plans to argue that Fair erred when she ordered a sentence beyond the standard range. He said the evidence doesn’t support the judge’s decision and the sentence against Huertas is excessive. Huertas also has appealed the conviction, but that argument isn’t expected to be heard for months. Huertas was charged with first-degree manslaughter and controlled substance homicide and went on trial in adult court because of the seriousness of the charges …
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