The reason Pierce
County prosecutors passed on pressing charges against a woman
involved in the Sept. 14 death of South Kitsap legend Leon Shaw was
because they believe evidence shows that she was escaping a sexual
Deputy Prosecutor Tim Jones, who specializes in traffic related
death cases like vehicular homicide, reviewed the case file and
made the call to decline charges. He said Tuesday the incident on
the Key Peninsula where Shaw was killed was likely a sexual
assault, but, also, if prosecutors pursed charges against the woman
they would not likely get a conviction (read the full and complete
here and read Shaw’s epic obituary
“I wouldn’t go so far as to call it a wealth of evidence, but
there is a sufficient amount of evidence of a sexual assault that
she was probably escaping,” Jones said. “Put that in front of a
jury and they would say, ‘What are you thinking?’”
Two rape kits were completed, but the results were not included
in the package of reports the Kitsap Sun received as part of its
public records request. Jones said he was not at liberty to discuss
the results of those tests.
Also not included in the public documents were the woman’s
medical records. A Washington State Patrol drug test on the woman’s
blood found meth and booze, but no evidence of barbiturates.
However, Jones said a search warrant of hospital records and blood
samples did find barbiturates in the woman’s system. There was also
evidence in the woman’s system of another drug that could impair
memory or cause a blackout, Jones said.
The woman, according to her recorded statement to Pierce County
Sheriff’s deputies, said Shaw had given her a pill he said was
aspirin to help with the pain of the tattoo she was receiving. At
some point after that she blacked out. She claimed she was drinking
liquor, but not a lot of liquor, and said she can hold her booze.
The tattoo artist friend said she took four big shots of Crown
Royal whiskey on top of what she had already consumed.
If Shaw had survived the incident, Jones said it was hard to say
if he would have been charged with a sexual assault. Shaw’s tattoo
artist friend said no assault occurred, Shaw would have had the
right to be silent and the woman said she doesn’t remember anything
beyond making out with Shaw while she lied on a table getting a
tattoo of a flower on her chest.
“I don’t know if she would be credible in reporting it, because
she has got this blank spot,” Jones said.
Jones said if you consider the
just the death and crash, it might appear like pretty clear-cut
case of vehicular homicide.
“It’s pretty simple, get drunk, drive, crash, kill somebody in
Pierce County you will probably go to prison,” he said.
However, the facts of the case are not that simple (see links
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