Judge denies request for early release of teen

While 2nd District Judge Michelle Evans commended the progress of Chloe Marks, she denied a motion to allow the teenager, who pleaded guilty to attempted first-degree murder, to be released from custody earlier than her sentence.

Evans issued her order denying the proposed plan for Marks’ release Aug. 16. An affidavit in support of Marks being released to probation and to the custody of her parents was filed July 3 by the Idaho Department of Juvenile Correction. Public defender Rick Cuddihy made the argument at a hearing Aug. 8 that Marks had completed her treatment and made enough progress to be released. Nez Perce County Chief Deputy Prosecutor April Smith made the argument that releasing Marks would depreciate the seriousness of her crime and the impact to the victim.

Marks was sentenced in March 2023 after pleading guilty to taking part in a shooting in February 2022 that injured George Hamblin Jr. and Macayla Hamblin. Another juvenile, Triston Arnzen, was also charged in the case. The Hamblins were Arnzen’s stepfamily.  

Evans noted that Marks pleaded guilty as part of a rule 11 plea agreement, which is binding on the court to follow otherwise the defendant can revoke their plea and the case goes to trial. In this case the agreement was that Marks would plead guilty to attempted first-degree murder with a minimum of four years in custody and a maximum of 11 years. The agreement also states that Marks would remain in custody at the Juvenile Department of Correction until she turned 21 or until a judge authorizes her to be released or transferred to the Idaho Department of Correction, whichever happens first, according to court documents.

Marks was sentenced by Evans in March 2023, who followed the agreement, including the minimum period of confinement. In Marks’ case the court also retained jurisdiction while she was in custody at the Department of Juvenile Corrections, which means court approval is needed for changes in her custody status, according to court documents.

Evans wrote that Marks has been in custody since Feb. 27, 2022, which was the day the shooting took place and shortly after she turned 14-years-old. With the credit for time served, which Evans calculated at the time of her sentence was 379 days, the minimum amount of her sentence would be served Feb. 27, 2026, soon after her 18th birthday. After being in custody locally, Marks spent 16 months at the Department of Juvenile Correction where she received treatment and rehabilitation services, according to court documents.

Evans highlighted that the plea agreement resulted in a shorter sentence for Marks at the four-year minimum given that the maximum penalty for the charge is 15 years. Evans also wrote that Marks agreed to those terms with the advice of her attorney, which was then ordered by her as the judge. Evans cited case law that outlines that sentences need to be reasonable, while also considering the protection of society. Those factors were considered when Evans agreed to and ordered the sentence, even recognizing Marks’ young age by offering a blended sentence with time in the Department of Juvenile Corrections and adult detention with the Idaho Department of Correction, according to court documents.

Evans wrote in her decision that she couldn’t “minimize the seriousness of the offense” and a four-year sentence is reasonable considering the protection of society and deterring other teenagers from acting in a similar manner, according to court documents.

Evans noted that because of Marks’ age, rehabilitation was a “paramount goal of sentencing,” according to court documents. The judge wrote that she closely monitors the case and has received positive reports of Marks’ progress in programming and schooling, according to court documents.

Evans wrote that “this Court commends Ms. Marks on her hard work and encourages her to continue active participation in all therapies and educational opportunities available from the IDJC. The Court appreciated all the positive comments that were made in support of Ms. Marks at the hearing, and this Court also reviewed and listened to Ms. Marks’ statement that she presented to the Court. Considering Ms. Marks’ progress while at IDJC, the Court remains hopeful that Ms. Marks will continue on this path to success,” according to court documents.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.