Barry Loukaitis Case Proves Difficult, Costly

Every step of the way, the effort to bring 15-year-old Barry Loukaitis to trial has been difficult and costly.

In the 18 months since Loukaitis was accused of walking into a Moses Lake classroom and killing a teacher and two students with a rifle, attorneys have been wrangling their way toward a trial - now set for Aug. 15 in Seattle.

Both prosecutors and defense attorneys say they’re committed to starting the long-delayed trial on time, although both sides have been working hard to reach a plea bargain that would end the ordeal.

Loukaitis has entered a plea of not guilty by reason of insanity.

Prosecutor John Knodell said he wants to spare Grant County the expense and emotional upheaval of holding the trial in Seattle.

Defense attorney Michael Frost believes Loukaitis may be better off accepting a plea that could offer him eventual release, rather than a possible life sentence.

Despite repeated efforts to resolve the matter, both sides are still far apart on the key issue of how long Loukaitis spends in prison.

The teen is charged with three counts of first-degree murder in the deaths of Leona Caires, 49, Manuel Vela, 14, and Arnold Fritz, 15.

He is also charged with first-degree assault for wounding 14-year-old Natalie Hintz.

If Loukaitis is convicted of more than one of the murder charges, state law requires he spend the rest of his life in prison.

Frost, of Seattle, said he’ll accept guilty pleas for Loukaitis as long as the teen doesn’t spend the rest of his life in prison.

On the other hand, Knodell wants Loukaitis, who remains in custody in the Grant County jail, to plead guilty to charges that will force him to spend at least 40 years in prison.

“We’ll still try” to reach an agreement, said Guillermo Romero, assistant defense attorney for Loukaitis.

“But why it’s so hard, simply, is there are too many players” involved, Guillermo said.

There is a lot at stake.

Grant County officials worry that taking the trial to Seattle will bankrupt their Superior Court operating budget. The county must bear the costs of Loukaitis’ defense, transportation and housing for witnesses while in King County.

The families of the victims are anxious about the trauma of a trial, but worry that without one, Loukaitis won’t get the punishment they say he deserves.

A trial will be expensive.

Knodell, who faces re-election next year, said it’s expected to last six to eight weeks and cost Grant County taxpayers around $500,000.

Grant County Commissioner LeRoy Allison said the trial may force the passage of a sales tax surcharge later this year.

Knodell said there are other risks in going to trial, including an appeal if Loukaitis is convicted and a possible retrial.

Knodell also faces the risk that Loukaitis could be found not guilty by reason of insanity.

“We’ve been outgunned in the area of (psychiatric) experts,” Knodell admitted, saying Loukaitis’ attorneys have hired four experts, compared to the prosecution’s two.

Defense attorney Frost has said that Loukaitis’ mental state at the time of the crimes left him incapable of knowing right from wrong.

“Going to Eastern State (psychiatric hospital) means there’s no way of knowing how long he’ll be there,” Knodell said.

If confined as a psychiatric offender, Loukaitis would remain in state custody for only as long as health officials say he poses a public threat, Knodell said.

Barry’s father, Terry Loukaitis, adamantly believes his son “can still have a part of his life left” if he serves a 30-year sentence that sets him free at the age of 40 or 45.

“How much difference does it make to us or the victims’ family if they give him a 50-year prison term?” Terry Loukaitis asked.

“For a kid his age, that’s the same as a life sentence.” With anti-depressant medication and rehabilitation, Loukaitis can come out of prison and live part of his life “as a productive person, not some monster,” said his father.

But families of the victims, as well as many Grant County residents, insist the young Loukaitis should not expect mercy and leniency.

“I don’t want Barry out early,” said the parent of one of the victims.

“But I also want to resolve this without a trial. We’d all have to recount that experience again, maybe in more than one trial. That’s not right,” said the woman, who asked not to be identified.

She said Loukaitis deserves a prison term of at least 50 years.

“Why? Because statistically, he’d probably die in prison or commit another crime during that period. That would be fair.”

, DataTimes ILLUSTRATION: Color Photo

MEMO: This sidebar appeared with the story: CHRONOLOGY Feb. 2, 1996 Barry Loukaitis is accused of entering Frontier Middle School in Moses Lake and killing teacher Leona Caires and students Manuel Vela and Arnold Fritz. He also is accused of wounding student Natalie Hintz. July 2, 1996 State Court of Appeals rules all media have access to courtroom statements about Loukaitis’ past problems and psychiatric history. Aug. 8, 1996 Grant County Judge Evan Sperline removes himself from the case and is replaced by Judge Michael Cooper of Kittitas County. Sept. 27, 1996 A judge rules that Loukaitis must be tried as an adult. Oct. 7, 1996 Loukaitis enters plea of not guilty by reason of insanity. Nov. 4, 1996 Seattle attorney Michael Frost is appointed to represent Loukaitis. Dec. 24, 1996 Judge orders the trial moved from Grant County to King County. June 13, 1997 A judge agrees Frost can hire another psychiatrist to evaluate Loukaitis before the trial starts in August.