$1.21 Million Settlement after Washington State Prisoner Released in Error Kills Store Clerk
$1.21 Million Settlement after Washington State Prisoner Released in Error Kills Store Clerk
As a result of an earned good-time mix-up, a prisoner at Walla Walla State Prison in Washington State was prematurely released on December 14, 2001. The oversight precipitated a chain of events that culminated in the death of video store clerk Christina Clements- a wife, mother and sole financial supporter of her parents. A wrongful death tort was filed against the State of Washington on December 17, 2003 by the husband Barry Clements, on behalf of himself and their daughter, and by Christina’s parents on behalf of themselves.
A defendant with the State of Washington (State) and the Washington Department of Corrections (DOC) was Michal Raymond Garrett, murderer.
Garrett was transferred from Walla Walla State Prison on October 2, 2001, to a pre-release facility. By the end of the month he was sent back for rules infractions, losing in the process seventy days accumulated good-time, pushing his release date back to February 22, 2002.
In October 2001, DOC employees received the directive that sanctions resulting from loss of good-time are always imposed. If a prisoner appeals and wins, then the DOC may reinstate good-time.
On November 13, 2001, Garrett appealed his loss of good-time. Pre-release personnel negligently reinstated his date to the original December 14, 2001 date, when he was released.
The address Garrett supplied as his post-release residence bore no relationship to Garrett: he had no permission to live there. The State defendants negligently failed to investigate those facts prior to his release. He disappeared from official overview upon his release.
The same day as Garrett’s release, he burglarized a residence in Wenatchee, Washington. Four days later he robbed and stabbed a man. The following day he burglarized the office of the Chelan County Prosecuting Attorney and stole a firearm and ammunition.
That same day Garrett robbed the video store where Christina Clements worked, then shot her in the head and killed her.
The wrongful death action asserted State employees committed wanton and willful negligence in their release of Garrett and their lack of investigation into his post-release plan, and the State was responsible under the theory of respondent superior.
The Superior Court of Chelan County, Washington, approved the November 22, 2004 $1.21 million settlement, of which $990,000 went to Christina Clements’ husband and daughter, and $220,000 went to her parents. See: Clements v. Garrett, Chelan Co. Superior Court (WA), Case No. 03-2-01281-0.
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Related legal case
Clements v. Garrett
| Year | 2004 |
|---|---|
| Cite | Chelan Co. Superior Court (WA), Case No. 03-2-01281-0 |
| Level | State Trial Court |
| Conclusion | Settlement |
| Damages | 1,210,000.00 |