In 1998, Kimonti was convicted of aggravated first-degree murder, unlawful possesion of a firearm, and four counts of assault for killing Corey Pittman and injuring two others in a drive-by shooting in Tacoma, Washington. Kimoni was sentenced to life in prison without the possibility of parole, and his judgment specifically sentences him to 777 years, 77 months, and 77 days in prison.

Under Washington law, first-degree murder can be elevated to aggravated murder if certain factors are present, including if the victim was pregnant or tortured. In Kimonti’s case, the aggravating factor was that he shot from a moving vehicle, a factor that was added to the law in 1995 to target predominantly Black gang members in Tacoma and Seattle. Kimonti is the only person to be convicted under this law.

First-degree murder carries a 20- to 30-year prison sentence, whereas aggravated murder carries a mandatory sentence of life in prison without the possibility of parole, meaning the judge has no discretion to impose a lesser sentence — until a recent decision requiring that discretion when sentencing youth ages 21 and younger.

During the 25 years that Kimonti has been incarcerated, there has been a sea change in the law based on juvenile brain science. Youth under age 18 may no longer be sentenced to death or mandatory life in prison without parole, and their youthfulness must be considered as a mitigating factor — the opposite of an aggravating factor — when they are sentenced. In the decades since Kimonti’s sentencing, advances in brain science have demonstrated that youth are inherently less culpable and more capable of change; but, because Kimonti was 60 days past his 18th birthday at the time of his crime, he has not yet received the benefit of those changes in law.

However, in 2021, the Washington Supreme Court held that mandatory life in prison without parole sentences are unconstitutional for 18- to 21-year-olds because our understanding of juvenile brain science applies equally to them as it does to youth under age 18. Based on that case, In re Pers. Restraint of Monschke, Kimonti’s life sentence was vacated and his case was sent back to the Pierce County Superior Court for a resentencing hearing, where the judge must consider the mitigating qualities of Kimonti’s youth at the time of his crime, including his capacity for change.

A sentencing hearing is a hearing at which a judge determines whether and how long to sentence someone to state custody of some kind (e.g., jail, prison, probation, post-prison supervision) for a criminal conviction. The judge may have some, limited, or no discretion under the law regarding the type or length of sentence they may impose.

In Kimonti’s case, because Kimonti was found guilty of aggravated murder past the age of 18, his sentencing judge had no discretion under Washington law to impose anything but a “life in prison without the possibility of parole” (LWOP) sentence.

A resentencing hearing occurs when a sentence is vacated. This might happen because the original sentence is later deemed unconstitutional or because, on appeal, a reversible error is found in the original sentencing proceeding, among other reasons.

In Kimonti’s case, as discussed in the FAQ above, Kimonti’s original sentence was vacated after the Washington Supreme Court held that mandatory LWOP sentences are unconstitutional as applied to 18 to 21-year-olds (“late adolescents”).

At the resentencing hearing, the judge will hear from Kimonti, the State, any victims or survivors, and other witnesses from the community. He will also consider the parties’ written briefings and letters from community members. Because Kimonti was a “late adolescent” at the time of his crime, the judge must consider the mitigating qualities of his youth, including his transformation since. Based on all the evidence, the judge will announce a new sentence, either on the record in court or later in a written opinion or order.

The best way to support Kimonti at this time is to write a letter to Pierce County Superior Court Judge Stanley J. Rumbaugh asking him to resentence Kimonti to “time served.” Sign up for our email newsletter to receive more information about how to support Kimonti in the future.

At this time, Kimonti asks that all letters be submitted to his attorney so they can be presented to the court together.

Email your letter to jeffreyerwinellis@gmail.com

Yes, the Pierce County Superior Court is open to the public. Kimonti would love to see his supporters in attendance.

The address is: County-City Building, Room 334

930 Tacoma Ave. S., Tacoma, WA 98402.

The first-floor entrance off of Tacoma Avenue South is closed. You may use the second-floor entrance off of Yakima Avenue and Nollmeyer Lane. You will look for Department 18, Courtroom 315 (Judge Rumbaugh).

Please arrive early and dress respectfully. That said, we do not yet know the size of the courtroom or how many people will be admitted.

If you cannot attend in person, you may live stream the hearing here. Please note that the court’s technology sometimes fails.