EPHRATA — In a decision his defense attorneys state is without precedent, Frontier Middle School shooter Barry Loukaitis is deferring to the wishes of the surviving victims and family members of victims of the tragedy with regard to his resentencing.

Loukaitis, who is now 36 and currently lodged at Coyote Ridge Corrections Center in Connell, is set to be re-sentenced because of a 2012 U.S. Supreme Court decision. In Miller v. Alabama, the court ruled it was unconstitutional for juvenile homicide offenders to receive a life sentence without the possibility of parole. Citing the Eighth Amendment, which relates to the prohibition of cruel and unusual punishments, the court ruled that a sentence that carries a life term without the possibility of parole for juvenile homicide offenders is unconstitutional. The Miller decision states that the Eighth Amendment guarantees a person the right not to be subjected to “excessive sanctions.”

In response to Miller, Washington lawmakers passed what has been called the “Miller fix,” which states juveniles who were under 16 when convicted of first-degree aggravated murder must have their sentence reduced down to 25 years with the possibility of parole. Loukaitis falls into the Miller fix because of his sentences of two consecutive life terms without the possibility of parole, plus an additional 205 years in prison, for entering his algebra classroom at Frontier Middle School in Moses Lake in February 1996 at age 14 and killing two of his classmates and algebra teacher.

The state and Loukaitis’ defense previously agreed to resentencing on each of the 21 counts he was previously sentenced on. For his resentencing, the state recommended a total of 60 years of imprisonment for the two counts of first-degree aggravated murder, plus an additional 1,555 months for the remaining counts of second-degree murder, first-degree assault, second-degree assault and 16 counts of first-degree kidnapping, bringing the total recommended time of incarceration to 189 years.

“The sentence recommended is a de facto life sentence. The term of imprisonment recommended is well beyond what will be the defendant's natural life. That term is appropriate because it reflects the deliberate mass shooting that the defendant planned and executed,” reads the state’s brief.

In a letter Loukaitis submitted to Judge Michael Cooper, who sentenced Loukaitis 20 years ago and came out of retirement to handle his resentencing, he said it his intention to defer to the desires of the victims’ families and he will not dispute any sentence they recommend.

“Defense believes what Mr. Loukaitis has elected to do is without precedent among Miller defendants in the country,” reads a memorandum submitted by Loukaitis’ defense attorneys. “Mr. Loukaitis expects to die in prison.”

In his letter Loukaitis expressed remorse for never apologizing for the actions he took in February 1996.

“I’ve never apologized for what I’ve done. I didn’t because I feared that trying to apologize after doing something so terrible would only add insult to injury. If that feeling was wrong, I’m sorry for not speaking before. I’m sorry for denying people what they deserve to hear,” he wrote. “I wish I only owed one apology. A measure of the horror I’ve caused is that I owe much than I can ever repay, and have much more for which to apologize. All I can do is ensure my apologies aren't empty.”

One by one Loukaitis named each of the people who died in the shooting, stating his classmates Arnie Fritz and Manuel Vela “could have created something” and his algebra teacher Leona Caires “made the world better.” He also expressed regret for the pain he forced his classmate Natalie Hintz to endure, who was the sole shooting victim to survive the tragedy.

Loukaitis recognized the heroics of teacher Jon Lane, who was able to pin Loukaitis against a wall in the algebra classroom, which allowed the students who were being held at gunpoint to rush out of the room. Loukaitis also dispelled speculation that he had been bullied and picked on by Manuel Vela, stating the boy never threatened him or did anything to him physically.

“Manuel Vela was a better person than I am, and I know it.”

“To the question of whether I’m sorry for what I’ve done yes, I am. Nothing good has come from this. Everyone’s life is worse because of it. I’ve shocked a community and shamed my family. I’ve hurt people profoundly and irreparably. One measure of a human being is based on what he or she has done to promote life, to move the world, to make it better. Those are things at which I categorically failed, and have robbed three people of the chance to succeed.”

Loukaitis’ resentencing hearing is set to begin on Wednesday. His defense stated they will not present expert testimony at the hearing. Several survivors of the shooting and family members of victims are expected to speak. Loukaitis has also expressed his intent to address the court.

Richard Byrd can be reached via email at city@columbiabasinherald.com.