Defense seeks bail reduction for teen accused in deadly WA mall shooting
SNOHOMISH COUNTY, Wash. - The defense attorney for Samuel Gizaw, the teen accused of shooting and killing a 13-year-old girl at the Alderwood Mall in July, is calling for a bail reduction in the case.
Jayda Woods-Johnson died as she was going on a shopping spree in Lynnwood. Gizaw, 16, is accused of opening fire inside the food court, firing the shot that allegedly killed Jayda.
On Thursday, defense attorney Bryan Hershman went before the Snohomish County Superior Court, advocating for the teen accused of murder.
Hershman began by acknowledging the gravity of the situation, noting that his motion to reduce bail is not "intended to disrespect the victim's family or diminish the seriousness of the case". Instead, he argued that the legal system should adhere to the constitution and the principles which allow pretrial release and bail.
Hershman pointed out that his client, a 16-year-old with no prior criminal record, is from a stable and educated family, with no history of criminal behavior. He emphasizes that the incident leading to the charges was not premeditated but occurred during an altercation where Gizaw, feeling threatened, responded in self-defense. According to Hershman, Gizaw was ambushed by a group of individuals who had previously threatened him.
The defense attorney requested the court set bail at $790,000 and allow for a property bond, using the family home as collateral. He highlighted the home has a value between $790,000 and $1.1 million, with no liens.
Hershman also presented the court with a safety plan, detailing how the family and community will supervise Gizaw if he is released, ensuring that he would not be a flight risk or pose a danger to the public. He reassured the court that he himself will report any violations of pretrial conditions if they occur.
Character letters on behalf of Gizaw have also been filed on his behalf. Gizaw's family has allegedly received anonymous voicemails threatening harm and making disturbing comments about Gizaw's potential treatment in prison.
Prosecutors, however, painted a different picture. They argue that Gizaw's response to the altercation was excessive and retaliatory. According to the state, video footage shows that Gizaw was punched once, but instead of retreating or merely displaying the gun, he chased the individual who punched him and fired into a crowd, killing Jayda. The prosecution refutes the defense's claim that Gizaw was being beaten up, stating that only one punch was thrown and no further physical contact occurred before the shooting.
The prosecution also brought up Gizaw's past behavior, including reports from a former friend who claimed that Gizaw had been involved in other violent incidents and displayed firearms on social media. Prosecutors said Gizaw has a "history of fighting" and had been suspended from school due to violent behavior. The defense was also informed of videos retrieved from Gizaw's phone, showing him engaging in fights and possessing firearms.
The court also heard from Tabatha Johnson, Jayda's mother. She urged the court not to reduce the bail, stating, "Today is not just our court hearing. It is also the first day of school. Jada would have started eighth grade today, but instead, she will always be a seventh grader."
Johnson questioned Gizaw's parents' ability to supervise him effectively, pointing to the events leading up to the tragic shooting.
"If his parents couldn't control him before, how can they be trusted to do so now," Johnson said. "This lack of supervision only enabled him further, leading to the tragic events that have forever changed my family's life."
Johnson believes Gizaw has shown no remorse for his consequences, but Hershman argued against these claims.
"There's one person in this courtroom who sat in the jail cell with this young man, one. That's me," Hershman said. "I know the remorse that he's filled with, and the tears that have come down his face. So whatever decision you make today, I want you to make it on accurate information."
Callie Huffman, Jayda’s cousin, recounted the family's emotional turmoil as they attended court proceedings.
"We had to come to court today and basically plead our case," Huffman explained.
On the other side, the defense argued for the shooter's release on bond, citing his past involvement in sports and music, a claim that deeply troubled Huffman.
"It felt sickening," she said, referring to Hershman's characterization of the accused as a good kid. "It doesn’t change the fact of his violent tendencies."
Huffman further pointed out that Gizaw had been long-term suspended from school for displaying firearms and aggressive behavior, including ganging up on other students. Despite this, the defense suggested the boy's parents were unaware of their son’s access to guns, a claim Huffman found implausible.
"They still felt that he could be trusted to be dropped off unsupervised at the mall that day," Huffman said. "We are concerned that now that this case is getting more serious, and the consequences are not looking to be in his favor, they might flee, and he will evade prosecution."
In a heartbreaking moment, Huffman shared how Jayda’s younger brother asked if he could bring her ashes along as he started his first day of second grade.
"No family should have to go through this," she said.
When asked what she would say to the boy responsible for Jayda’s death, Huffman expressed her sorrow that the situation couldn’t have had a different outcome.
"Because of his actions, solely his actions, two people weren’t able to go home, and one of them never will," she said. "It’s time to face accountability."
The family is also pushing for change through a petition, which has already reached its first goal of 5,000 signatures. The petition pushes for stricter consequences in cases of juvenile gun violence, but also to address underlying issues like community service and counseling to prevent future tragedies.
While Huffman acknowledges that addressing mental health and other factors won’t fix everything, she believes it's a step in the right direction.
"Getting these kids involved in their community and tying up their time so they don’t have time to be out in the streets is a huge factor," she said.
As the court deliberates over the accused’s bail, Huffman and her family remain steadfast in their plea for justice, not only for Jada but also for the safety of the community.
"We don’t feel safe," Huffman said. "And the thought of retaliation against the other child involved is a very real concern."
The judge is expected to make a bench ruling Friday or early next week.
FOX 13 Seattle will continue to follow this developing story.
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