“Good news.” That was the subject of an email sent to five local families this month. In a friendly “Hello” email introduction, the King County Prosecutors Office shared a recent ruling in a case the State Supreme Court was handling. That case was unrelated but relevant to a verdict in a local court case now being appealed. The Supreme Court’s new ruling this month coincidentally put an end to waiting and anticipation in a similar case in Kent that started six years ago. The case of State of Washington vs. Nicholas Windsor Anderson started in 2014 at Kent Regional Justice Center. The case and its participants endured seven delays in 21/2 years of court proceedings. The case ended March 2017 with the jurors’ decision. Nicholas Anderson, an uninsured driver with multiple prior convictions, was declared “guilty” seven times to seven charges. The judge sentenced Anderson to 50.4 years. Then came his appeal – five years later in August 2019.
On October 25, 2014, a 1995 Nissan 300ZX driven by Anderson had left the road on Auburn Way South near Muckleshoot Casino. The car was estimated to be traveling about 100 miles per hour in a 35 mph zone. There were five passengers, a dog, and a driver in the sports car with four bucket seats. In the collision that followed, the vehicle jumped the curb and hit three utility power boxes embedded in concrete, pulling one up out of the ground. It unanchored two guy wires that stabilized a power pole and it uprooted a tree that was 19-inches in diameter. The Nissan was cut in half lengthwise with only the driver’s door latch holding the two pieces together. The roof had been cut in half and the floorboards and undercarriage dislodged. They were thrown into the forest along with bits and pieces of interior upholstery. Only the driver’s seat was intact among scattered pieces of metal and body parts. “The scale and amount of damage and unfortunate loss of life was unparalleled,” the police reported. It was catastrophic and looked like an explosion had occurred. First responders said that within a very wide field of debris, a vehicle was not recognizable.
The seven guilty charges against Anderson included four vehicular homicides under DUI and/or drugs for the deaths of four occupants: Rehlein Stone of Auburn; Suzanne McCay, Ravensdale; Andy Tedford, Maple Valley; and Caleb Graham, Enumclaw, all of whom died within seconds of impact. Fifth and sixth charges were for vehicular assault under DUI and aggravated assault resulting in substantial bodily harm for lifetime brain injury to James Vaccaro. The seventh charge was reckless driving, defined as “willful and wanton disregard for the safety of persons or property”. The dog was euthanized due to extensive injuries. Only one of the victims had previously known Anderson.
Can the Supreme Court decision in another case affect the upcoming appeal that affects local families who lost their loved ones? Nicholas Anderson appealed his case this past August due to the seventh charge, reckless driving. The charge had referenced a prior DUI that had been dropped in exchange for reckless driving. He claims a jury decision was required for that charge. The exact words of his appeal were, “A jury must decide whether his [Anderson’s] prior reckless driving conviction qualifies as a “prior offense” under RCW 46.61.5055.”
From the King County Prosecutor’s Office, Victim Advocate Karen Kunde communicated this week with the victims’ families, “The higher court decision in another case helped us,” she said. “The State Supreme Court directed the Court of Appeals to change its decision. We will not have to empanel a jury to address sentencing enhancements on Nick Anderson’s case.” She added, “This is welcome news as it will impact many of our cases. The original sentence stands.”
Anderson is a repeat driving-under-the-influence offender and a convicted felon. His history in Washington lists two cases of reckless driving, both amended from DUI, and three cases of driving without a license. He also has a Washington malicious mischief charge, an Oregon DUI, a habitual traffic offender/moving violation in Florida, and a domestic violence arrest in Alabama.
Amy Freedheim, King County’s Senior Deputy Prosecuting Attorney has made it her mission to clear the streets of impaired drivers like Anderson. In 1999 she started the unit that specializes in felony traffic cases in King County. Working with victims’ families is an integral part of her work. Her office has said the local procedure, prosecution, and sentencing in Anderson’s was unprecedented and will affect the protocol and practices for many similar DUI cases in the future.
The four deaths and the vehicular assault occurred on national “Make A Difference Day.” Prosecuting Attorney Freedheim closed the prison door on Nicholas Anderson – 50.4 consecutive years. That will surely make a difference.
