3 plead guilty in Tuba Man slaying but won't serve much time

Three teenagers have pleaded guilty in the beating death of Seattle's "Tuba Man," but none will spend more than 72 weeks in juvenile detention for their crimes.

King County Prosecuting Attorney Dan Satterberg announced the guilty pleas Friday and called the maximum sentences the teens face "inadequate" and "not enough punishment."

But Satterberg said the law doesn't allow stiffer sentences for juveniles in such cases.

The teenagers could have faced longer prison time had authorities charged them as adults. But police could find no eyewitnesses to the crime except for the teens themselves. Charging them as juveniles is "the only option we had to solve the crime," Satterberg said.

He said the teens pleaded to the juvenile charges to "avoid the risk" that prosecutors might one day put together a compelling case against them if a witness ever came forward.

The three Seattle teens, who were 15 at the time of the attack, will be sentenced April 22 in Juvenile Court. They pleaded guilty to first-degree manslaughter.

"It was a senseless attack of unprovoked violence that ripped a hole in the fabric of our community," Satterberg said.

The Seattle Times is not naming the teenagers because their case is being handled in juvenile court.

Ed McMichael, 53, a quirky character known for playing everything from Black Sabbath to Bread on his tuba while outside Seattle sporting events, was pummeled by a group of teens after midnight on Oct. 25 last year.

McMichael was briefly hospitalized and then allowed to go home. He was found dead in his home Nov. 3, and an autopsy determined that he died from injuries sustained in the attack.

Satterberg said McMichael likely died from a single blow to the head. It came from a punch that knocked him down or when his head struck the ground after he was hit.

Two of the teenagers — both Cleveland High School students — face a sentence of up to 72 weeks in detention while the third, a Garfield High School student, faces up to 36 weeks.

The two who face the longer sentences also pleaded guilty to charges of second-degree robbery for attacking two North Seattle teens before assaulting McMichael. None of the three has prior convictions, Satterberg said.

"I don't think we could have made an adult case against them," Satterberg said. "The truth is, our choice was to accept a juvenile sentence or allow the case to remain unsolved."

According to police and court records, a group of about 10 teens assaulted and robbed two North Seattle high-school students near Seattle Center before they descended on McMichael at a bus stop near Fifth Avenue North and Mercer Street.

The Garfield student admitted, Satterberg said, to delivering one unprovoked punch to McMichael's head, knocking down the Tuba Man. Others in the mob kicked McMichael as he lay in the fetal position and rifled through his pockets, according to police reports.

Satterberg said he believes the Garfield teen "thought he ought to do something to show off" because he was not directly involved in robbing the two North Seattle teens.

The Garfield teen is an honors student with a stable home life, according to James Kelly, president of the Urban League of Metropolitan Seattle. The boy is a member of the league's Urban Scholars program at Garfield.

The mob ran when police arrived. Officers were able to arrest two suspects, the Cleveland students, at the scene. They later arrested the Garfield student.

The three were released from King County Juvenile Detention Center in February under the conditions they wear electronic-monitoring devices.

All three are now in custody awaiting sentencing.

Satterberg said there was no solid evidence of gang affiliation involved in the crime. But he believes that after midnight, teens "tend to be emboldened when in groups."

McMichael's brother and sister, who live in Florida, provided a written statement Friday.

They said they've been able to overcome their rage and grief through the "outpouring of support, love and affection" for Tuba Man from Seattleites. A crowd of 1,500 attended a memorial for McMichael at the Qwest Field Event Center, and the Seattle Symphony dedicated a Nov. 15 performance to his memory.

McMichael's brother and sister also thanked police and prosecutors for helping to bring the case to a close. "We support you 100 percent," their statement said.

Bob Young: 206-464-2174 or byoung@seattletimes.com