Kent teen gets 7 years in shooting death of friend

Judge imposes sentence in shooting after emotional testimony

The lives of two families were forever changed because of the shooting death of 16-year-old Kyle Weis by his friend Clayton MacDonald on the morning of Nov. 5, 2007 at a Kent condominium.

King County Superior Court Judge Richard McDermott sentenced MacDonald Thursday to seven years, two months in prison for first-degree manslaughter and second-degree unlawful possession of a firearm. MacDonald, of Kent, pleaded guilty May 29 to both charges.

“My sympathies go out to the Weis family and the MacDonald family,” McDermott said after he issued the sentence. “There’s enough tragedy in this courtroom for everyone for the rest of their lives.”

More than 50 relatives and friends of the two teenagers packed six rows in the fourth-floor courtroom at the Norm Maleng Regional Justice Center in Kent. Six of them spoke in front of the judge before the sentencing.

MacDonald, who was 17 at the time of the shooting but has since had a birthday, received the minimum sentence for first-degree manslaughter. The sentence can range up to nine years, eight months.

“It would only add to the tragedy if I imposed the top end of the sentence,” McDermott said.

Prior to the sentencing, the story of the two friends and their families played out in an emotion-packed courtroom when relatives and friends of Weis and MacDonald described the impact of the tragedy on their lives.

Since the shooting, both families have suffered additional deaths – the father of Weis, and both the brother and grandfather of MacDonald.

On Nov. 5, Weis, of Pierce County, died of a gunshot wound to the head. Prosecutors claimed that MacDonald recklessly caused the death of Weis. That led to the first-degree manslaughter charge.

Kent Police arrested MacDonald that day at the scene of the shooting. MacDonald lived with his mother at the Hampton East condos, 10700 S.E. 260th St., where Weis was shot. The two boys were the only people home at the time of the shooting.

MacDonald called 911 at 10:43 a.m. Nov. 5 to report he had just accidentally shot someone in the head, according to the police report. Police and paramedics found Weis dead at the scene.

According to the charging papers, MacDonald told detectives that he had gone up to his bedroom after watching a movie with Weis. Weis had a .22 caliber handgun that he showed to MacDonald. MacDonald showed his 9 mm. pistol to Weis.

MacDonald told police he had the gun in his hand when Weis came up to the bedroom. MacDonald said he started to scoot up on the bed to make room for Weis to sit down when the 9mm pistol discharged and Weis slumped to the floor. He told police he did not shoot Weis on purpose and that he did not know Weis held the .22 caliber pistol in his hand when he fell to the floor.

MacDonald placed the 9mm pistol on the kitchen counter inside the condo before he called 911.

During his interview with detectives, MacDonald said he had bought his handgun on the street for $250 and figured the gun had been stolen. The pistol had been reported stolen earlier in 2007 from a Renton home.

Deputy Prosecutor Alex Voorhees recommended the 86-month sentence after negotiations with MacDonald and his attorney, John Polito. Voorhees told the court because of McDonald’s young age, that he had no prior felony convictions and that he took responsibility for his actions from early on, she decided to recommend 86 months.

Prosecutors said in the charging papers that MacDonald’s criminal history included first-degree criminal trespass, second-degree criminal trespass, third-degree malicious mischief-domestic violence and vehicle prowl.

In his courtroom Thursday, McDermott allowed family members and friends to address the court before he sentenced MacDonald.

Roberta Weis, of Roy, and the mother of Kyle, told the judge that her husband died at age 69 from a heart condition only three months after the death of their son.

“He had been ill in a rest home, but we were making plans for him to come home,” Roberta Weis said. “But then (after the death of Kyle) he fell to pieces. He had a heart condition, but he was doing pretty good.”

Roberta Weis has struggled to keep working since the deaths of her son and husband.

“I’m a school-bus driver and I kept driving, but sometimes I couldn’t finish the route,” Weis said. “I was not stable enough to do that. I would get overwhelmed.”

Weis’s two sisters shared with the court how their younger brother’s death shattered their lives.

“I am sad, angry, frustrated, troubled, confused and I cry often,” said Diane King, of Peoria, Ariz. “I feel deep sadness whenever I witness teenage boys living their lives.”

Robin Randol, of Surprise, Ariz., wrote a letter on the Fourth of July about her brother that she read to the judge.

“Our family celebrations will never be the same because Kyle is not there to celebrate,” Randol said.

Randol shared the impact of her brother’s death on her daughter and son, ages 10 and 6. Both children were in the courtroom. The 10-year-old niece wrote a letter to the judge about how much she will miss her uncle.

MacDonald made a quick glance back toward the niece and nephew of Kyle Weis when the judge told the niece what a good letter she had written about her uncle.

“Clayton took from my children a loving uncle and friend,” Randol said. “Since Kyle’s death, both of my children have suffered through emotional problems. They attend a support group to deal with the pain and grief.”

Randol indicated her grief was still raw.

“I’ve cried so many times the last several months I’ve lost count,” she told the court.

Randal then addressed MacDonald directly.

“Clayton MacDonald gave my family a life sentence of pain when he killed Kyle,” she said.

Joanna Villarez, 16, of Tacoma, the girlfriend of Weis, said she struggles to get out of bed each day. She met her future boyfriend when she was 12.

“It’s hard to keep going when the person who is always there is not there anymore,” Villarez told the judge.

Villarez also had a message for MacDonald.

“You’re lucky you’re here,” Villarez told MacDonald. “I’d rather have him (Kyle) be where you are. Even if he was going to jail, at least I could see him and talk to him.”

More tragedy

Matt MacDonald, of Kent, the father of Clayton, then addressed the court. He told about how Kevin MacDonald, 21, the second of his three sons, and a junior at the University of Washington, died June 14 in Seattle from an accidental fall from the third-floor window of a fraternity house. Matt MacDonald said his father also died earlier this year.

“I know my son will be paying for this tragedy the rest of his life,” Matt MacDonald said of Clayton.

Tamara MacDonald, the mother of Clayton, said if she had not attended a seminar the day of the shooting she would have been at home. She said she did not know her son owned a gun, but understood that he might have wanted one because their home had been broken into twice.

“On Nov. 5, my son made the biggest mistake of his life when he accidentally shot Kyle,” Tamara MacDonald said. “But Clayton has never denied responsibility. He could have lied. He could have fled. He called for help and stayed on the scene.”

Tamara MacDonald then turned to address Roberta Weis.

“As a mother who knows the pain of losing a child, I hope we can experience happiness in the years to come,” MacDonald said. “And I hope you can find forgiveness for Clayton.”

After his mother finished talking, Clayton MacDonald stood to talk. During most of the hearing, he looked straight ahead toward the judge, glanced at the speakers or down at a table.

“What I did was an accident,” MacDonald said to the judge. “If I could take it back, I would. Death is one thing we cannot change. I hope you take that into consideration.”

Judge McDermott summarized everything he had heard and all of the letters from friends and relatives of the two teenagers that he had read over the last several weeks.

“We have a family that lost a beloved son who was loved by his immediate family and extended family,” McDermott said of the Weis family. “He had the world in front of him.”

Then McDermott addressed the MacDonald family.

“On the other side, we have a family that experienced the same tragedy of losing their own son to an accident and now having their youngest son being sentenced to prison,” McDermott said. “I can’t see how anybody in this room can feel good about anything that has gone on today or the last seven months.”

MacDonald has been banned from any contact with the Weis family. After his release, he will be in community custody for another two to four years. He will be prohibited from owning a firearm.

“You will always have on your conscience what occurred,” McDermott told MacDonald. “As you go through life and learn from the events of your life, I hope you do as much good in the world to make up for this horrible loss.”

Jail guards escorted MacDonald from the courtroom as several friends and families quickly waved goodbye from the back of the courtroom.