{"id":64961,"date":"2023-10-03T15:10:00","date_gmt":"2023-10-03T22:10:00","guid":{"rendered":"http:\/\/www.kentreporter.com\/news\/man-19-charged-in-kent-murder-on-electronic-home-detention\/"},"modified":"2023-10-03T16:19:04","modified_gmt":"2023-10-03T23:19:04","slug":"man-19-charged-in-kent-murder-on-electronic-home-detention","status":"publish","type":"post","link":"https:\/\/www.kentreporter.com\/news\/man-19-charged-in-kent-murder-on-electronic-home-detention\/","title":{"rendered":"Man, 19, charged in Kent murder is now on electronic home detention"},"content":{"rendered":"\n\t\t\t\t
Despite being charged with first-degree murder in the June 15 shooting of Miles Clark at a park behind the Kent YMCA, Elijah A. Cain, 19, awaits trial on electronic home detention at his parents’ house in Puyallup rather than in jail.<\/p>\n\t\t\t\t
King County prosecutors persuaded a judge to set bail at $2 million after Cain’s arrest in July, calling the defendant “a significant danger to the safety of the community and a substantial flight risk,” according to charging papers filed July 15.<\/p>\n\t\t\t\t
Cain is a 2023 graduate of Kentridge High School and earned second-team all-league basketball honors last season for the school.<\/p>\n\t\t\t\t
“The defendant armed himself with a handgun before running up to the victim, who was seated at a bench in a public park in broad daylight, to grab the victim’s handgun from the holster on the victim’s hip,” wrote Senior Deputy Prosecuting Attorney Jason Brookhyser in court documents. “When the victim attempted to resist, the defendant shot the victim in the head. The defendant then retrieved the victim’s handgun and fled the area. Neither the victim’s handgun nor the handgun the defendant used to kill the victim, have yet to be recovered.”<\/p>\n\t\t\t\t
After Cain pleaded not guilty on July 27, his family posted bail to get him released from custody. The family hired Aladdin Bail Bonds, of Tacoma, backed by Seaview Insurance, of Carlsbad, California, to post bond, for a fee of at least $200,000.<\/p>\n\t\t\t\t
How bail works <\/strong><\/p>\n\t\t\t\t To offer services in Washington, a bail service provider charges a premium — a percentage of the total bail amount, typically 10%, according to the Aladdin Bail Bonds website. That would be $200,000 on Cain’s $2 million bail.<\/p>\n\t\t\t\t “The bail bonds company put up a bond agreeing to forfeit $2 million if their client doesn’t appear in court,” said Noah Haglund, spokesperson for the King County Department of Adult and Juvenile Detention, in an email referring to court documents. “Upon receipt of this bond, the court ordered the jail to release this person to electronic home detention.”<\/p>\n\t\t\t\t Brookhyser, the senior deputy prosecuting attorney, wrote to the judge the state’s request if Cain posts bail.<\/p>\n\t\t\t\t “The state requests that he be placed on electronic home detention with a bracelet equipped with GPS monitoring,” according to court documents.<\/p>\n\t\t\t\t “Without that request and court order, a defendant could be released without electronic home monitoring by posting the bond amount,” said Casey McNerthney, spokesperson for the King County Prosecuting Attorney’s Office, in an email about the release of Cain.<\/p>\n\t\t\t\t With the request for electronic home monitoring granted by a judge, Cain is staying with his parents at their home in Puyallup, according to court documents.<\/p>\n\t\t\t\t The parents of Cain wrote the judge that “it will be our responsibility to get him to all of his court appearances,” according to court documents.<\/p>\n\t\t\t\t McNerthney said prosecutors could ask a judge for no bail in a murder case, but that rarely happens.<\/p>\n\t\t\t\t “Ultimately a bail amount is the decision of the court, and anecdotally — with the requirements of (state court rules) in mind — it is rare to see a court hold a defendant be held without bail, even in a first-degree murder case,” McNerthney said.<\/p>\n\t\t\t\t Prosecutors look at many factors to decide whether to seek no bail or how high of a bail.<\/p>\n\t\t\t\t “In looking at each case individually, prosecutors look at the allegations of the current offense, an individual’s criminal history, and if there is a history of not following court orders,” McNerthney said. “Prosecutors make an individual bail request decision based on those factors and in line with court rules.”<\/p>\n\t\t\t\t Typically, $2 million bail keeps most of the people accused of murder in jail.<\/p>\n\t\t\t\t “Two million dollars is a high amount, even for a murder case, and it’s quite rare to see a court go higher than that amount,” McNerthney said. “Prosecutors argued that the $2 million (for Cain) was justified. Defendants have the ability to post bail in line with court rules, and that process is separate from us.”<\/p>\n\t\t\t\t Kent Police Chief Rafael Padilla agreed with the bail amount.<\/p>\n\t\t\t\t “The information we have is that the prosecutor asked for a high bail amount ($2 million) and the defendant posted bail,” Padilla said in response to questions about the release of Cain to electronic home detention. “Two million dollars is a high amount, appropriate for this type of charge. We have had instances in which judges have chosen not to set high bail, which is their discretion, but that did not occur in this case.”<\/p>\n\t\t\t\t Tacoma defense attorney Matthew McGowan, who is representing Cain, declined to answer questions about the release of his client to electronic home detention. Instead, McGowan emailed the following statement:<\/p>\n\t\t\t\t “The murder in the park is a tragedy,” McGowan said. “There is no excuse for what happened. Elijah and his family wish for swift justice for the victim’s family. My investigative team is working hard to uncover the truth. All we ask is that the public maintains hope and patience as the investigation continues.”<\/p>\n\t\t\t\t Through a family friend’s statement, the family of victim Miles Clark declined to comment about the release of Cain.<\/p>\n\t\t\t\t The case will move forward in court, McNerthney said. Next up for Cain is a routine pretrial hearing, at 1 p.m. Nov. 16 in the GA courtroom of the Maleng Regional Justice Center in Kent.<\/p>\n\t\t\t\t Conditions of release<\/strong><\/p>\n\t\t\t\t According to court documents, Cain must follow several conditions while on electronic home detention or he will be returned to jail.<\/p>\n\t\t\t\t • He shall commit no crimes; he shall not use controlled substances without a valid prescription; he cannot drink alcohol; he can work or go to school, but must provide a time sheet for work; his wages must be mailed to a caseworker.<\/p>\n\t\t\t\t • He must not remove GPS monitoring equipment; he has a curfew on how early he can leave his house and how late he can return (based on job hours); he must be on time when meeting with jail staff; he must have no contact with the friend he was seen with at the Kent park prior to the killing of Miles Clark.<\/p>\n\t\t\t\t • He is not to leave the state without approval by court order on condition of no new law violations; he must keep his address updated with the court; he must appear at future court hearings; maintain contact with counsel; may not possess or control a firearm; and he must surrender any passport.<\/p>\n\t\t\t\t