After lawyers squabble over details, Skylar Glasby sentenced in final cases

Published 6:00 am Thursday, September 5, 2024

WALLA WALLA — The last of Skylar Glasby’s Washington criminal cases has ended, and the 35-year-old Dayton man appears headed to prison for about two years.

Glasby was sentenced Wednesday, Sept. 4, in Walla Walla County Superior Court to 42 months — or 3½ years — in prison for violating the terms of a Drug Offender Sentencing Alternative, or DOSA sentence, from 2022.

This sentence is to run consecutively with the 18-month sentence Glasby received in August for his 2023 charge of vehicle theft.

Together, the two sentences equal 60 months in prison.

However, Glasby has an estimated 37 months of credit for time served, bringing him to about 23 months remaining to be served.

Glasby’s sentencing came after several delays as attorneys had different opinions about what agreements they had reached.

The confusion began when Glasby was sentenced on Monday, Aug. 5, for the 2023 theft case, in which he was accused of stealing a vehicle in Walla Walla County and taking it to Umatilla County in Oregon.

He also faces charges in Umatilla County related to the same case, though he is expected to receive a sentence there concurrent to his Washington sentence.

On Aug. 5, he was supposed to be sentenced for both the 2023 case and the DOSA violation. However, there was confusion about what the parties agreed to.

Walla Walla County Prosecuting Attorney Gabe Acosta conferred with Dennis A. Hanson, Glasby’s attorney on his 2023 case, and Nicholas Holce, his attorney on the DOSA violation, in the courtroom hallway and seemed to reach a deal.

When they came back in front of Walla Walla County Superior Court Commissioner Patricia Fulton that day, they announced they were ready for sentencing, explaining that they were going to recommend 18 months on the 2023 case and 36 months on the DOSA violation.

The two sides explained that this deal was made in conjunction with a Umatilla County assistant district attorney, who they said agreed that if Glasby accepted a combined sentence of about 60 months in prison, Oregon prosecutors would agree to a settlement with a concurrent sentence.

However, after Glasby pleaded guilty and was sentenced on the 2023 theft charge, Acosta and Holce disagreed on the actual length of the DOSA violation sentence. Acosta said that although they agreed on 36 months, he wanted that to be 36 months after any credit for time served was applied.

To make up for those credits, Acosta asked for 60 months.

Holce said his client thought he was agreeing to 36 months before credits, not after.

This caused Fulton to delay the hearing until Aug. 19, at which time the two sides were still not on the same page, and the case was delayed again.

On Wednesday, the two sides remained divided. Holce said his client accepted the deal thinking he was going to get the credit. He asked Fulton to require Acosta to fulfill the agreement to recommend 36 months.

The agreement reached between the two sides was not in writing, and Fulton said it should have been.

“A clearly written and documented agreement is the best practice,” Fulton said. “It avoids this.”

Instead of a written agreement, Fulton read through several emails between the attorneys to determine what the deal was. Finally, an email written by Acosta saying Glasby would need to be sentenced to 36 months convinced her to accept Holce’s interpretation.

When it was determined that 36 months plus 18 months equaled 54 — and not 60 — Holce said his client was fine with making it 42 months instead, to meet the Oregon DA’s request of 60 months combined.

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