Jason’s Law on vehicular homicide spared veto

Jason’s Law, named for a father who died by vehicular homicide in Pasco last year, survived the governor’s veto pen and was signed into law Thursday night.

Also signed was a bill inspired by Franklin County Coroner Dan Blasdel’s campaign to hold a public inquest into the Pasco police shooting of Antonio Zambrano-Montes last year.

Washington Gov. Jay Inslee had threatened to veto bills if the Legislature failed to send him a 2016 supplemental budget before the session ended Thursday night. With no budget then, he vetoed 27 of the bills on his desk, but spared 10.

Most concerned law enforcement and public safety and health, like the two bills he signed with Tri-City roots.

Effective June 8, vehicular homicide in a reckless manner will have the same sentencing range as vehicular homicide while driving under the influence of alcohol or drugs, and first-degree manslaughter.

The new law increases the sentencing range from 21 to 27 months to 78 to 102 months.

But it took the death of Jason Smith, 36, a Kamiakin High graduate and business owner, to prompt the change.

Smith had dropped off his youngest daughter at gymnastics on April 2 when his car was hit broadside by a pickup driven by Miguel A. Paniagua, then 24.

Paniagua, a documented gang member and convicted felon wanted for not paying court fines, was speeding away from police who had tried to pull him over for a traffic violation.

Although police had called off the chase in the interest of public safety, Paniagua reached speeds estimated at 100 mph and might have been driving 85 mph when he hit Smith’s Honda Accord at Sylvester Street and Road 36.

Paniagua ran from the crash scene and left Smith, who died a short while later at a hospital.

Smith’s family was distraught to hear that, despite Paniagua’s criminal history and reckless driving, the case would not be treated the same as a manslaughter case, said Franklin County Prosecutor Shawn Sant. State law would not allow it.

The family brought the matter to Sen. Sharon Brown, R-Kennewick, who sponsored the increased sentencing bill that came to be called “Jason’s Law.”

Brown feared that it would be vetoed when Inslee announced he would act on 37 bills Thursday night.

She made a call that she described as “heart wrenching” to Jason Smith’s family to tell them the bill might be vetoed.

She said Thursday afternoon that she could understand the governor feeling the need to make a statement. But the sentencing law needed to be corrected, and Jason Smith’s family had nothing to do with the passage of a budget.

“Victims don’t have an R or D behind their name,” Brown said.

Sant made three trips to Olympia this winter to testify on behalf of the bill. Jason Smith’s family made the trip at least twice.

“This is very dear to our hearts,” said Jason Smith’s father, John Smith, at a Senate committee hearing in January.

Vehicular homicide in a reckless manner is a horrific type of case, Sant said. The victims typically are killed unexpectedly while going about their lives, whether going on vacation or driving to the store.

Sant’s office worked with Brown, providing details of the Pasco case and comparisons of sentencing ranges for several charges.

It made no sense that someone behaving as Paniagua did, speeding down the road, would not be treated the same as someone charged with manslaughter, Sant said. Both involve the reckless killing of another.

The new law “brings equity on the reckless killing of someone whether in a car or not,” he said.

Sant said he hopes having more equity in sentencing laws can bring some comfort to the families of victims.

Paniagua was sentenced to 8 1/2 years in prison, a sentence only possible because Paniagua fled the scene after he hit and killed Smith.

The family has been told that with good behavior, Paniagua could be released in three and a half years, Jason Smith’s brother, Matt Smith, said at the January Senate committee hearing.

The bill passed the House and Senate with no opposition.

Coroner’s inquest bill

The other bill with a Tri-City connection signed by the governor requires the Superior Court, at a coroner’s request, to schedule a courtroom for an inquest and provide a bailiff, reporter and any security needed.

It will not become law for three months, which may be too late to help Blasdel, who plans to hold a public inquest this spring. Zambrano-Montes was shot and killed by police after he threw rocks at officers and passing cars while high on methamphetamine.

After Inslee signed some bills and vetoed others, the governor announced an immediate start to a 30-day special session to complete the budget.

“Legislators have one fundamental task they are required to do every year and that is to keep the state’s budget balanced. They had 60 days to make some relatively minor adjustments, and have yet to make the reasonable compromises that are necessary,” Inslee said. “I am keeping the clock running. There is no break and no rest — legislators need to balance the books and finish their job.”

This story was originally published March 11, 2016 at 7:31 PM with the headline "Jason’s Law on vehicular homicide spared veto."