Brian Bassett, who was 16 in 1995 when he and his friend murdered Bassett’s parents and 5-year-old brother at their McCleary home, may get a new sentence in light of a state Court of Appeals decision Tuesday that life without parole is cruel and unusual punishment for someone so young at the time of sentencing.
Grays Harbor Prosecuting Attorney Katie Svoboda said Tuesday that she will meet with fellow prosecutors then decide whether to ask the state Supreme Court to review the ruling, or to go through another sentencing hearing for Bassett in Grays Harbor.
Bassett already had a previous resentencing hearing in January 2015 as a result of a higher court ruling that said when a juvenile is sentenced to life without parole, the judge must consider mitigating factors such as the defendant’s age and upbringing and progress made while in prison.
Grays Harbor Superior Court Judge David Edwards heard from Bassett but essentially reinstated the original sentence of life without parole. That is the decision Bassett appealed. He also asked for a new judge to conduct the sentencing. The Appeals Court agreed that the sentence was cruel and unusual, but said Edwards made no mistakes in his ruling and denied the request for a new judge to hear the matter.
In the 2015 hearing, Edwards agreed with Svoboda, saying he found no evidence Bassett’s crime was an impulsive act. Edwards said he believed Bassett was well aware of the consequences he would face based upon his actions.
“He (Bassett) did several things to try to reduce his risk,” said Edwards referring to Bassett’s use of a silencer when shooting his parents and his attempts to clean up blood from inside of his house after the murder.
Edwards said, too, that he wasn’t convinced Bassett’s progress in prison gave any indication that he wouldn’t be a danger to society when on the outside. “I don’t find his committing these crimes was evidence of the adolescent brain taking over his decision making. They were cold, calculated and very well-planned with the goal of eliminating his family from his life.”
Bassett had been kicked out of his family’s home in 1995, returning days later to shoot his parents, Michael and Wendy Bassett, while his friend Nicholaus McDonald waited outside. McDonald also shot Michael Bassett. Brian Bassett’s 5-year-old brother was a witness and either Bassett or McDonald drowned the boy in a bathtub.
The Bassetts were well known in the East County area and the killings shocked the small community.
The two teens were captured in Oregon the day after the killings, when McDonald, who was 17, turned himself into police while Bassett slept.
The two were convicted of three counts of first degree aggravated murder and sentenced by then Superior Court judge Gordon Godfrey to three life sentences without possibility of parole. Svoboda said that at the time there was no lesser sentence available. Death, or life without parole were the only options for first degree aggravated murder, but death was not an option for a juvenile.
Svoboda said in lieu of the horrific nature of the crime, she was disappointed in the Appeals Court decision. “The Supreme Court cases that got us to where we are … involved younger children, 12 and 13, that came from horrible backgrounds. This crime was so calculated and so planned. It wasn’t just a juvenile, spur of the moment thing. They planned it over weeks and had actually tried it before and been unsuccessful.”
Svoboda noted that whatever happens, if Bassett doesn’t like the outcome — be it a new sentence or state Supreme Court ruling — he can appeal again. If he appeals again, she’ll continue to try to keep him locked up as long as possible, she said. “If ever there was a case that is worth my time, this one is. I’ll do whatever I can to keep him in prison. I … don’t think he belongs on the street.”
