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Sorger was a autistic and a
developmentally disabled teenager who loved science, video games and
race cars. Sorger was at home when Savoie and Eakin asked his mother if
he could come out to play. As night fell, Sorger's mother became worried
because Sorger was afraid of the dark. When she found out that Savoie
and Eakin had gone home hours earlier, she knew something was wrong. She
was later informed that her son's body had been found near the area
where the three children had been playing.
When police questioned Savoie and
Eakin the night Sorger's body was discovered, each told a similar story.
Savoie said Sorger fell while climbing a tree. Eakin said he and Savoie
were on the same branch in the tree with Sorger when the fall occurred.
The autopsy came in and proved differently.
The Autopsy
When Sorger's body was found, the
autopsy reported that Sorger had been beaten approximately 16 times
about the head and neck and stabbed 34 times in the same areas where he
had been beaten. He also had 8 stab wounds to his torso as well.
The Confession and Trial
Although they both claimed innocence,
they were charged with first degree murder. After changing his story,
Eakin finally confessed to his role in the killing, pleading guilty to
second-degree murder by complicity and was sentenced to 14 years. He
then testified against Savoie, who maintained his innocence. On April
29, 2006, Savoie was convicted of first-degree murder. He was sentenced
to 26 years in prison — the maximum sentence that could be imposed.
Teen murderer gets 26-plus years
for killing playmate
By Shannon
Dininny - The Seatle Times
The Associated Press
July 11, 2006
EPHRATA — A 15-year-old boy was
sentenced Monday to more than 26 years in prison for beating and
stabbing a playmate to death three years ago, closing one of the most
brutal murders ever committed by a juvenile in Washington state.
Evan Savoie, of Ephrata, showed no
emotion when Grant County Superior Court Judge Ken Jorgensen imposed the
maximum sentence. He smiled slightly as he was led away in handcuffs.
Savoie was 12 years old when he and
a friend were charged with first-degree murder in the Feb. 15, 2003,
death of Craig Sorger, a developmentally disabled boy who had last been
seen playing with them in a recreational-vehicle park. Sorger's bloody
body was found hours later with dozens of stab wounds.
Savoie
repeatedly proclaimed his innocence. The other friend at the park that
day, Jake Eakin, eventually changed his story and testified against him
at trial. Eakin pleaded guilty to second-degree murder by complicity and
is serving 14 years.
Defense
attorneys argued that justice would no better be served by issuing the
maximum sentence. Standard sentencing range for first-degree murder is
between 20 years and 26 years.
"This is a
tragic incident for everybody involved," defense attorney Randy Smith
said. "But the likelihood that rehabilitation is going to be any more
effective after 26 years than after 20 years is ridiculous."
Jorgensen
disagreed, saying the punishment must match the crime. Savoie brutally
attacked Sorger, leaving him bleeding, pleading for help and crying out
that he was dying on a wooded trail, he said.
He later added:
"Somebody is going to have to figure out how a 12-year-old can be so
violent, so young."
Holly Parent,
Savoie's mother, continued to insist her son is innocent. She said
neither Evan nor Craig received justice in the case.
"The killer is
still out there," she said. "Now we're going to appeal. And I'm not
giving up. My son is innocent, and I'm going to fight."
By Shannon
Dininny - The Seatle Times
The Associated Press
Boys Next Door
13-Year-Olds Charged With Murder
Talk Exclusively To 60 Minutes II
CBS News
July 22, 2005
April 29,
2005
A question of age, a matter of justice
By Jonathan Martin - The Seattle Times
June 9, 2004
EPHRATA — The 50-cent words flying around Grant
County courtrooms over the past year mostly blew right over Jake Lee
Eakin's head: Remorse. Presumption of innocence. Appeal.
His confusion may have been understandable.
At the time of his arrest for the killing of a
playmate last February, he was an immature 12-year-old with an 83 IQ and
a learning disability so severe he spelled "people" as "pepell."
"When the judge starts talking, I don't know what
he's saying mostly," said Eakin last week at the Grant County juvenile-detention
center, his 70-pound frame floating in a prison-issue jumpsuit
He does know, however, that a ruling in March made
him the youngest person in recent history to be eligible for trial as
an adult for murder in Washington.
Attorneys for Eakin and a co-defendant, Evan Drake
Savoie, asked the state Court of Appeals yesterday to overturn the
ruling on the grounds that it "threatens the very foundational purposes"
of Washington's separate adult and juvenile-justice systems.
The judge, Grant County's John Antosz, set an "an
impossible standard" by requiring assurance that the boys would not re-offend
if treated and released from juvenile custody, said Monty Hormel,
Savoie's attorney.
"The judge's finding in regard to sending these lads
on to adult jurisdiction makes it meaningless for a person to be a child,"
he said during the hearing.
Grant County deputy prosecutor Teresa Chen said the
judge used the correct standard, a 1960 U.S. Supreme Court ruling, by
demanding a likelihood, not an assurance, of rehabilitation. "Although
there is a tendency to second-guess someone's decision in a case ...
where the children are so young, the court's decision is tenable and
should be upheld," she said.
It's now up to Court of Appeals Commissioner Joyce
McCown to decide if the case will be accepted for a full review.
Eakin and Savoie, also 12 at the time, were arrested
in February 2003, suspected of stabbing and bludgeoning a 13-year-old
playmate, Craig Sorger, in Ephrata's Oasis Park.
Prosecutors said last week that the state crime lab
had matched a knife tip embedded in Sorger's skull with a pocket knife
police recently dredged from the park's pond. Police are investigating
where the knife came from.
Unlike other landmark Washington cases involving
adolescent murder defendants, Eakin and Savoie have clean records.
Fishing buddies since childhood, they passed hours pretending they were
Dale Earnhardt Jr. in NASCAR video games.
There were no telltale signs of potential problems.
Neither has a history of arrest, running away, smoking, drinking, mental
illness or serious school misconduct before his arrest. Like Eakin,
Savoie was a special-education student, with an IQ well below average.
The dichotomy of the case — young defendants with
clean records accused of a gruesome crime — troubles those involved.
Eric Johnson, a psychologist hired by the prosecution, recommended that
the boys be tried as juveniles because they appeared to be normal but
also called the case "one of the most perplexing, unnecessary and
violent offenses" he'd seen in 20 years of working with juvenile
offenders.
Eakin's special-education teacher, Marie Noyes, said
Eakin was a modestly popular kid and average student, except for huge
problems in reading and math. "(Eakin) seemed like an average kid," she
said. "To me that's what's so weird."
A stark choice
In his 42-page ruling, Judge Antosz wrote that, should the boys be
convicted, no treatment in the juvenile justice system would likely
rehabilitate them, while a long sentence in an adult jail would ensure
public safety.
The appeals court would not normally intervene
until after the trial, scheduled for September. But the boys'
attorneys appealed immediately, saying a hearing should be held while
they were still young enough to be sent back to juvenile court.
The "declination process" is controversial because it
is akin to holding a sentencing hearing before the trial even begins,
said Andrew Carter, a Seattle University law professor who is following
the case. With Eakin and Savoie, Judge Antosz faced a difficult choice:
Should the boys, if found guilty, be subject to a juvenile sentence that
would free them at age 21, or a mandatory adult sentence of at least 20
years.
At least 16 states have given judges more freedom in
sentencing, but the state Legislature has kept what Carter calls an "all-or-nothing"
choice. Antosz' decision was more difficult because neither Eakin nor
Savoie confessed, which is common in such cases, Carter said.
"In this particular case, we don't really know
anything about the crime," Carter said. "The court basically presumed
they were equal participants. The injustice that could arise here is
that one boy was very passive, and could be a great candidate for
juvenile jurisdiction, but by then it would be too late."
Weapon found
Ed Owens, a Grant County deputy prosecutor, said plenty is known about
the defendants he calls "predators." The prosecutor said both boys lied
about the crime initially, then said they saw Sorger fall from a tree
while the three were building a fort. Savoie intentionally led police
away from Sorger's body when officers searched the park, fearful he
would be blamed.
An autopsy found five deep knife wounds on Sorger's body, as well as
dozens more cuts and evidence that he was struck 16 times with a tree
branch.
The Washington State Patrol crime lab found
Sorger's DNA on Savoie's blood-stained sweatshirt and shirt, which
police retrieved from the pond where the knife was discovered. Savoie
told police he got the blood on him while checking for Sorger's pulse.
Eakin initially gave a similar version but, after
months in jail, changed his story. He said he'd run to get sodas and
came back to find Savoie over Sorger's body. He then pointed police to a
spot in the park's pond where he said he saw Savoie throw an object into
the water.
That was where police found the weapon, a wood-handled
Bar Creek knife, Owens said. "Eakin told us where to find it," he said.
Echoing Antosz's ruling, Owens said the boys' lack of
underlying problems, such as mental illness, makes them poor candidates
for treatment in juvenile jails. "We don't know why this happened," he
said. "What would you treat them for?"
"I'm a kid"
Eakin, the smaller of the defendants, has grown three inches in
custody. Fellow inmates taunt him with a rhyme: "Hey Jake, why'd you
kill the kid by the lake?"
"This isn't a good place," he said, slumped into a
chair in Grant County's juvenile-detention center. He responds to
questions with short answers, aiming his words at his hands folded in
front of him. "I don't know why I'm here."
He gets nightly visits from his mother, Tammy Vickery;
his step-father; and three brothers. Eakin understands about half of his
legal proceedings, Vickery said, and has asked her why some kids are
tried as adults while others go to juvenile court.
"Before the declination hearing, he said to me, 'There's
no way they'll try me as an adult, I'm a kid,' " Vickery said. "It blew
him away."
If Eakin has a hard time understanding, it's in part
due to his age and the typical brain development of a child his age —
factors that would influence his decision-making and judgment, said
Steven Drizin, a juvenile-justice expert at Northwestern University's
law school.
"Most of the research suggests there are serious
questions about competency of 14-year-olds," he said.
"Certainly 13 and younger function like mentally
retarded adults in their level of functioning."
As for 12-year-olds, Drizin said, they are "simply
not as culpable as adults for their criminal behavior."
While in custody, Eakin has had little to do but read
and play his Gameboy. His reading has improved from a first-grade to a
third-grade level. Asked if he knew what it meant to be tried as an
adult, he fumbled for words.
"The difference is like, you get different ... like
rights, bigger time, stuff like that," Eakin said. "It's messed up."