Judge Overrules Jury in Controversial Assault Case
Despite a guilty verdict for assault with a deadly weapon, the judge intends to sentence the defendant for a minor charge.
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A distinct surprise was sprung in the superior court today when Judge Easterday announced at the conclusion of arguments on the motion for a new trial for Josua Klein, that he would disregard the verdict of the jury as rendered March 14, and would sentence the prisoner as though the verdict were plain assault. The verdict as rendered at the conclusion of Klein's trial was 'guilty of assault with a deadly weapon with intent to do bodily harm' to Miss Dora Culbertson. The maximum penalty for plain assault is six months in jail or a fine of $500. Judge Easterday stated today that he would probably announce sentence tomorrow morning. If Klein is allowed his freedom upon payment of a fine, he will walk from the prison doors into the hands of immigration inspector A. S. Fulton, who will hold him until the Washington, D.C., authorities have been communicated with in an effort to order Klein's deportation.
“A reversal of the decision would please the defense more than a new trial.”
Judicial discretion remains a flashpoint in Tacoma today, where community expectations for sentencing often clash with legal outcomes. The looming threat of deportation for the defendant highlights how immigration status has long been leveraged as a secondary layer of punishment in local criminal proceedings.
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