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Dan Bates / The Herald  (click to enlarge)
Richard Peters, 40, shows little emotion as his attorney Karen Halverson talks with the judge following sentencing Tuesday afternoon to more than 13 years in prison for killing his 6-year-old daughter.
 
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CONTACT THE HERALD
Robert Frank, City Editor
frank@heraldnet.com
 
Published: Wednesday, December 2, 2009

Father gets 13 years in 6-year-old's fatal shooting

Richard Peters is sentenced to prison for shooting his daughter

EVERETT — Richard Peters killed his daughter.

He was sitting on his couch, drunk. He had 6-year-old Stormy fetch his .45-caliber Colt. The girl gave her dad the loaded weapon. Peters shot Stormy between the eyes in the family room of their Marysville-area home.

“The ugly truth of this is Mr. Peters failed miserably in his parental responsibilities to keep his child safe,” Judge Michael Downes said Tuesday during a sentencing hearing.

Peters knew he shouldn’t be drinking alcohol and handling a loaded gun, the judge said. He knew the risks of asking a child to retrieve a firearm for him. He made the decision to ignore those facts on Nov. 16, 2008, Downes said.

“This is no accident. This is first-degree manslaughter,” the judge said.

Downes sentenced Peters to more than 13 years in prison, the maximum under the sentencing range.

Peters, 43, declined to speak at Tuesday’s hearing. He had told investigators the gun accidentally discharged as he was removing an ammunition magazine.

Peters plans to appeal his conviction, his Everett attorney Karen Halverson said.

Halverson argued for a shorter sentence. Peters didn’t have any prior criminal history and was living a successful life at the time of the shooting, Halverson said.

Peters’ wife and his mother asked Downes for leniency, saying their family has suffered so much already. The couple’s two other children were taken by Child Protective Services. They’ve lost their home. They continue to mourn the death of Stormy. Peters is a good family man who loves his children, his wife and mother said. He is not a criminal, the women told the judge.

“Our daughter meant the world to us as do our boys,” Kristina Peters said. “No matter how much time you give Rich it’ll never amount to the punishment this family is going through.”

A jury last month convicted Peters of first-degree manslaughter with a firearm. They found that the Marysville man’s reckless actions caused Stormy’s death.

Jurors acquitted Peters of a more serious second-degree murder charge. They didn’t believe the prosecutors’ theory that Peters intentionally pointed the gun at Stormy’s head in an attempt to scare the girl or get her to shut up.

Snohomish County deputy prosecutor Mona Clarkson on Tuesday argued that Peters deserved the high-end of the sentencing range. Peters hasn’t taken responsibility for his actions, Clarkson said. He still contends that the shooting was an accident, she said.

Stormy never should have been carrying around a loaded gun, especially with two other children in the home, Clarkson said. Peters never should have been handling a weapon while he was drunk, she said.

The girl’s death was avoidable, Clarkson said.

Stormy must have seen the gun that killed her in her father’s hands, Clarkson said.

“Daddies are supposed to protect their children — not leave them in a pool of blood on the family room floor,” she said.

Diana Hefley: 425-339-3463; hefley@heraldnet.com.

COMMENTS

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Finished
There are many people in prison who will never see their kids again and it makes them angry. This man killed his own daughter and the inmates will know and will hate him for it. He's done, finished. He will never survive prison. Crimes against children are not tolerated by the inmates, I know this because I've had family in prison and I've heard the stories. Zero tolerance...he's finished.
Marvin Miller | Dec 4, 2009 5:32 am | 0 replies | Request removal

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father sentenced
This judge shouldn't get re-elected at all!! What is this? 13-years for a child's life!!! Alcohol is NEVER an excuse for anyone's actions. Arkansas blames Washington for the recent mistakes and mishandling of paperwork procedures, which lead to violent acts against Washington's police officers. Yet, Arkansas was the state that released a violent criminal to Washington state. Who's to blame for this? People who commit lesser crimes than this get longer sentences. This needs a new trial with a new JUDGE.....
Ruby welloffman | Dec 3, 2009 6:49 am | 0 replies | Request removal

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Common sense
1) never be drunk in front of your kids
2) never keep a loaded weapon anywhere in a house with kids
3) if you have kids in the house, keep the gun secured safely so they can't get to it...and keep the ammo secured in a separate place
4) never let your kid handle a loaded weapon unless you're at a safe location where you can fire the weapon; living rooms do not fit this criteria

Chad Minnick | Dec 2, 2009 3:50 pm | 0 replies | Request removal

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(No heading)
I do not believe he needs the death penalty. I know that he was drunk and he asked her to go to get the gun. He probably cleans his gun once in a while and this time it accidentally fired. I believe that 13 years is a little harsh.
blaine eveland | Dec 2, 2009 3:24 pm | 0 replies | Request removal

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ANOTHER LIGHT SENTENCE
Hmmm...

This looks and sounds like another situation where the punishment does not fit the crime.

More than likely, this convicted offender deserves to be in prison the rest of his life.

13 years, with "good time" means that Mr. Peters will probably serve about 8.5 years. He will be about 52 and still have a life upon his release. That is, IF he survives his time in prison.

Judge Downes might have wanted to provide a more meaningful, longer sentence; but could have had his his hands tied by law.

If we are to point any fingers of blame, we must look at we need to look at the State of Washington Sentencing Guidelines Commission folks, the Legislature and the Governor, who create the sentences and whacky laws the judges must follow.

Any drunkard or addict who mishandles a firearm and who shoots and kills another person, should get the death penalty.

Whistle Berries | Dec 2, 2009 10:38 am | 0 replies | Request removal

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Lessons to be learned
An accident or murder? The result is still the same, a child is dead. In our society, just being irresponsibile; getting drunk and sending your six year old to fetch your gun, counts for something. It should. Part of our system of Law is to punish the offender and set some standard to hopefully teach lessons of responsibility to citizens. So, let me ask all you that play with your guns when you're drunk, or drive your cars while you're drinking, or just act irresponsibile with your life and those you are suppose to protect...did you learn anything?
Mike Sams | Dec 2, 2009 10:30 am | 0 replies | Request removal

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