Judge to decide on early release for juvenile attempted murder case

Second District Judge Michelle Evans will soon decide whether to release a 16-year-old, who was sentenced for attempted first-degree murder, to probation or let the sentence run its course.

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 gave Marks a blended sentence, which means she would serve her sentence in joint custody through the Idaho Department of Correction and Juvenile Detention. She was given a minimum of four years before she could be reviewed for release to probation. Her sentence had a maximum of 11 years, which would have been served in juvenile detention or adult detention after she turned 21. Marks was also given a little more than a year, 379 days, for time served on her sentence.

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. A status conference on the case was held Thursday at the Nez Perce County Courthouse and Marks appeared via Zoom from the St. Anthony Juvenile Corrections Center.

Public defender Rick Cuddihy made the argument 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.

Cuddihy began by noting Marks’ improvement while at St. Anthony and he had been reviewing her monthly progress reports. He said that she reached the end of her treatment and it was the recommendation from the facility that she be released to probation. He gave the affidavit from the Idaho Department of Juvenile Corrections and family support as evidence, but told the judges he could obtain more if needed.

Cuddihy said Marks will continue her schooling, which also has improved, and she would live with her parents and seek employment.

Smith argued that Marks pleaded guilty to a Rule 11 agreement, which gave a four year minimum of her sentence and the length was contemplated as it was being negotiated. She said that if Marks is released that would mean she served less than 18 months for attempted murder. Smith said that no other attempted murder case imposes less than 18 months sentence.

“The court needs to take into consideration the punishment aspect in this case,” Smith said.

Smith highlighted aspects of the shooting and said the Hamblins still suffer from PTSD and physical issues from the shooting. She said when the victims haven’t fully recovered from the crime and the defendant is released it “diminishes” the seriousness and the impact of the crime. If Marks is released it would have a traumatic impact on the family.

While Cuddihy didn’t offer additional argument after Smith, Chris Banta, from St. Anthony, and another representative from the Idaho Department of Juvenile Correction spoke in favor of Marks’ release before the judge.

Banta said he wrote all of Marks’ progress reports and said she improved in her confidence, making good decisions and stepping up to do the right thing.

“I wouldn’t hesitate to have her as my neighbor,” Banta said. “I work with a lot of violent kids I would not want as my neighbor.”

Marks told Evans she had a letter she wanted to read in court, which the judge let her read. Marks said she has learned to take accountability for her actions, and of the effects they had on the Hamblins. Marks told Evans she understood that her actions altered the daily lives of the Hamblins and have also changed her own family.

Marks said she had low self-worth and was selfish, but through various programs at St. Anthony she has learned to make better decisions and stand up for herself. She’s also learned to “speak out and be heard,” and the lack of that ability contributed to her decision to participate in the shooting. She acknowledged this growth didn’t excuse her actions.

When Marks finished, Evans thanked her: “I appreciate your words.”

Evans said she would take the matter under advisement and have a written decision at a later date. Cuddihy wondered when the decision would come, knowing Marks would be “anxiously” awaiting the decision. Evans said she wasn’t sure but she had a jury trial that was canceled so it could be by next week or later.

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