Judge says no to prisoner’s self-crafted motion to dismiss Morton homicide conviction

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Jack Silverthorne is unrepresented in Lewis County Superior Court as he asks a judge to dismiss his manslaughter conviction.

By Sharyn  L. Decker
Lewis County Sirens news reporter

CHEHALIS – The 21-year-old sent off to prison last year after admitting he fatally punched a 16-year-old Morton boy in the head was back in court yesterday, asking to be set free.

Jack A. Silverthorne, now 22, filed a motion in Lewis County Superior Court from his cell at Coyote Ridge Corrections Center in Eastern Washington.

“It’s based on he’s never been in trouble before, and he was encouraged to take the plea,” his mother Kathryn Silverthorne said.

Silverthorne said her son rightfully ought to have been convicted of something less than he was, but didn’t understand, and just did what his defense attorney told him to do.

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Austin King

The Renton resident was arrested in November 2010 in connection with the death of Austin King that summer.

The 16-year-old vanished from his family’s home in the Tilton River Mobile Home Park early on June 23 and was the subject of a month-long search headed up by volunteers. His body was found some 10 miles away off a logging road outside Morton.

Silverthorne was staying with his grandmother in the trailer park and was one of two “buddies” Austin was with the last time Austin’s mother saw her son alive.

Since there was no trial, the details of exactly what happened or why were never revealed in court. The Lewis County Sheriff’s Office believed there was a fight about a girl.

Pursuant to a plea agreement, Silverthorne pleaded guilty to first-degree manslaughter – recklessly causing the death of another person – and was sentenced to eight and a half years in prison, the high end of the standard sentencing range for the crime.

He sat before Judge James Lawler yesterday afternoon without an attorney.

The hearing was brief. Silverthorne’s mother and sister were the only spectators in the Chehalis courtroom.

Yesterday was the first time she’d seen her son since he was sentenced early last year, his mother said. He was almost unrecognizable, she said. Since he was locked up, her son has lost a huge amount of weight, she said.

Kathryn Silverthorne said she understands the weight loss is due to medication prescribed after he was diagnosed in jail or prison with bipolar disease.

Lewis County Chief Criminal Deputy Prosecutor Brad Meagher objected to the self-crafted motion.

Lawler denied the motion, but noted it was more appropriately filed with the state Court of Appeals as a personal restraint petition. The judge certified the documents to be filed as such.

Outside the courtroom, Meagher said Silverthorne has the right to file the petition, that basically asks to be let out of prison.

But Meagher wasn’t optimistic about that happening.

Personal restraint petitions are usually something filed after someone is found guilty, Meagher said.

“But he pled guilty,” he said.

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For background, read “Morton teen homicide case ends with guilty plea” from Saturday May 7, 2011, here

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3 Responses to “Judge says no to prisoner’s self-crafted motion to dismiss Morton homicide conviction”

  1. Kerrie Harper says:

    It’s pretty sad that somebody would do that he is my brother and he should have gotten life in prison it pisses me off. I cry all the time cause he is gone I wake up every night cause of him, and I am pretty for sure that everybody else that new him misses him too. What’s wrong with people these days. It’s pretty sad.
    R.I.P Bubba Austin<3

  2. Natalia says:

    On the day jack was convicted for his crime he sat there and laughed at me the whole time while i was in complete tears. he knew i was austins girlfriend. Austin had pictures of me and him up in his room. Like Jennifer said he was at the search place everyday just as i was. He laughed at me in court as i sat there balling my eyes out. That shows no remorse and that he doesnt care what he did to austin a innocent teen. He deserves so much more than 8 years in prison. he gets good behavior time and he gets out for work release. he pretty much is just getting away with this murder. This is not ok and for him knowing what happened knowing that we all tried finding austin and him not saying a word is self fish and cruel. he saw us all fall apart and did not show any remorse. He deserves so much more time in jail and it sickens me that he is pretty much getting away with it. Also when he gets out after two years the charges will be taken off his record. They should stay on forever!!!! This human being is a animal!

  3. jennifer says:

    jack killed this man in cold blood. He came to the search center every day and shook hands with my team. he looked me in the eyes and told me nothing but lies. he visited Austins remains day after day and never bothered to tell anyone where a families loved one lay. Jack deserves a more harsh sentence and should have met the same fate. why wad the family and victims not notified of this court appearance?