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<< Previous   of   Next >>   ADVERTISEMENT   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Wednesday, December 24, 2008 No Christmas release for young woman convicted in fatal Ecstasy overdose By Scott North Herald Writer A 19-year-old woman sentenced to two years in a juvenile lock-up for the Ecstasy-overdose death of a classmate won't be freed for Christmas. A state appellate court commissioner has denied a motion that could have led to the release of Donalydia Huertas. The Puyallup teen has been fighting a Snohomish County judge's decision to keep her locked up until her 21st birthday. Huertas was convicted in June of second-degree manslaughter and controlled substance homicide in the Ecstasy overdose death of Danielle McCarthy, 16. A jury found that Huertas was negligent when she supplied McCarthy with drugs and failed to summon aid while the girl overdosed for several hours. Huertas' attorney Wayne Fricke, of Tacoma, had argued that the sentence imposed by Superior Court Judge Ellen Fair was improper. Fricke had hoped the state Court of Appeals would order Huertas' release. Before a Dec. 12 hearing, he said that he hoped "to get her out by Christmas, if there's any justice in the world." Appeals court commissioner Mary Neel on Dec. 15 said Fricke had raised issues about the ­sentence that could be reviewed on appeal, but had not demonstrated that she should be released in the meantime. Neel denied a motion to free Huertas. The ruling means her case won't receive additional review until early next year. Huertas has been in juvenile detention since August after Fair determined that a standard juvenile sentence -- a maximum of 30 days -- would be too lenient and a manifest injustice. Huertas was 17 when McCarthy died. She was charged with first-degree manslaughter and controlled substance homicide and went on trial in adult court because of the seriousness of the charges. Jurors failed to reach a decision on the first-degree manslaughter charge. Instead they convicted Huertas of the lesser crime of second-degree manslaughter. The jury's decision sent the case back to juvenile court for sentencing. Fair found that Huertas needed to be locked up longer than a month to protect the community. She also ruled the crime was cruel and that McCarthy was a particularly vulnerable victim. Prosecutors contend that McCarthy suffered for hours and Huertas led other young people in deciding to not summon medical help. Reporter Scott North: 425-339-3431 or north@heraldnet.com. READER COMMENTS Be the first to comment. You must be a registered user and verify your e-mail address to post comments to blogs or articles on HeraldNet. To register, click here. To read other terms and conditions, click here. Log out

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