Exclusive | Tri-City kidnapper may get lower sentence for jewelry store heist. He’s serving 50 years

One of the people who helped carry out a 2011 home invasion and robbery of a Tri-City jewelry store owner was only 15 when he committed the crime.

Vincente Guizar Figueroa now may get a reprieve from part of his 50-year sentence following a ruling by the Washington State Court of Appeals in Spokane

In a 2-1 decision, the majority found there wasn’t a record of Judge Vic VanderSchoor being aware that he could sentence Figueroa to an exceptional sentence below 49 1/2 years, which was the bottom end of the state sentencing range.

Because VanderSchoor has retired, the case has been assigned to Judge Alex Ekstrom to decide if the now 26-year-old Figueroa should serve less time.

A jury found Figueroa was one of two people who came to the home of the owner of Touchstone Jewelers in February 2011.

He and another man forced their way in side, tied up owner Mark Welsh’s wife, two daughters and young grandson and waited until Welsh came home.

A third man stayed and watched the family while the two suspects took Welsh to the jewelry store on Clearwater Avenue and ordered him to disarm the alarm, turn off the lights and open the safe.

The robbers took the entire inventory, more than $370,000 in diamonds, precious gemstones and gold.

Figueroa and his brother were caught in California committing a nearly identical crime.

While Figueroa claimed he was innocent of the Kennewick attack, a jury found him guilty of first-degree robbery, vehicle theft, two counts of first-degree burglary and five counts of first-degree kidnapping,

At least 20 years of his sentence was because Figueroa used a gun to commit the crimes.

At his sentencing in 2016, his attorney Catherine Harkins asked for a lesser sentence, pointing out he was just 15 at the time.

She noted that if he had been arrested in 2011 when the crime happened and the case stayed in the juvenile court system, he would have faced six to 10 years instead.

Appeals Court decision

The appeals court roundly rejected Figueroa’s attempts to overturn his convictions, but raised concerns about his age at the time of the crime.

The court focused on a 2017 state Supreme Court decision where a 16 and 17 year old robbed children of their Halloween candy at gunpoint. They faced more than 30 years in prison.

While all of the participants believed the sentence was not fair, they didn’t feel that there was another choice.

The Supreme Court found that the sentencing judge’s hands are not tied, and that a defendant’s youth could be taken into consideration.

In Figueroa’s case, the Court of Appeals found the decision for a sentence at the low end of the range could indicate that he believed a lower sentence was appropriate.

“But the record is insufficient to show whether the trial court understood it could impose a mitigated sentence without regard to mandatory minimums and mandatory sentences,” the court decision said.

Because the judge didn’t say that he knew Figueroa could be sentenced to less time, they sent it back for review.

Meanwhile, he is still serving a 30-year sentence for crimes in California.

Sentencing

In the Washington state case, the Benton County deputy prosecutor and defense attorney agreed on one point in their briefs before last week’s hearing — Figueroa should serve less time.

Deputy Prosecutor Terry Bloor recommended 44 years, which would still allow him a “meaningful life” once he’s released from prison.

He argued youth itself is not a mitigating factor in this case. The crime was well-organized, and Figueroa was living on his own at the time.

“There are strong reasons to believe he was suspect No. 1, who was described as in charge and calm,” Bloor wrote. “Suspect No. 1 was the leader of the enterprise.”

The crimes took a lot of planning. They had to watch the jewelry store, learn who the owner was, determine where he lived.

They also cut the phone lines to the home and were dressed in hard hats and safety vests when they showed up at the house, Bloor said.

In addition, he said Figueroa has never apologized for his behavior or said what happened to the stolen jewels.

“The defendant’s record of rehabilitation in prison is at best spotty,” Bloor said. “He received credit for a self-help program on April 22, 2018. He received his GED on June 8, 2018. However any counseling, classes or rehabilitation efforts appear to have stopped after getting his GED.”

However, Harkins presented a different picture of Figueroa. Along with his GED, he also received several certificates including for non-violent conflict resolution, typing and computer literacy.

Also, while he’s been awaiting his resentencing in Washington, he’s being held in the Benton County jail in Kennewick where he’s considered a “trusty” and allowed more freedom to help with chores around the jail.

“Generally, in the Benton County jail, serious crimes or outrageous bails prohibit an inmate from becoming a trusty,” Harkins wrote. “Vincente is being held on a no-bail hold and serious charges. Still, he is a trusty.”

His teacher at the California prison praised his motivation and perseverance and said he was respectful of the classroom.

She noted the jury never said Figueroa was suspect No. 1.

In addition, Figueroa was interviewed by a psychologist, who said that his young age and neuro-cognitive immaturity at the time “is an important factor for consideration in this case.”

Harkins didn’t recommend a specific sentence.

Judge Ekstrom has scheduled another hearing for April 26.

This story was originally published March 29, 2022 at 12:46 PM.