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The Times' criminal justice team looks behind the scenes and behind the headlines.

October 30, 2009 at 4:36 PM

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Seattle man sentenced for fatally shooting car prowler

Posted by John de Leon

A North Seattle man who fatally shot a car prowler outside his home in 2008 was sentenced today to nine months, which he will serve out of jail in work release.

Douglas Sheets had pleaded guilty earlier this month to second-degree manslaughter in a plea agreement with prosecutors, who recommended the nine-month sentence in return.

Sheets, 20, was arrested after shooting Jhovany Hernandez with a rifle outside Sheets' Northgate apartment on Sept. 24, 2008. Sheets was released 16 hours later and remained free while police investigated.

It took a year for prosecutors to formally charge Sheets because of the ongoing investigation, which involved efforts to identify and interview witnesses, including four of Hernandez's accomplices. Sheets ultimately was charged with second-degree manslaughter because he is accused of using more force than state law allows to recover property, he said.

Just before 7 p.m. on Sept. 24, 2008, Sheets, then 19, heard what he thought was someone breaking into his car, which was parked below his first-floor apartment balcony in the 9700 block of Fifth Avenue Northeast in Seattle's Northgate neighborhood, according to charging documents.

He went onto his balcony and saw an unfamiliar car idling in the driveway with two people inside, charging documents say. Though Sheets couldn't see them, three other people -- including Hernandez, 21 -- were breaking into his Toyota Camry 10 feet below him, according to the documents.

Sheets then went inside his apartment, retrieved a 7.62 mm bolt-action rifle, and stepped back outside, the documents say. The occupants of the idling car saw Sheets with the gun and drove into the street, where they waited for the others. Hernandez headed for the car carrying a 27-pound subwoofer from Sheets' car, the documents say.

Sheets told police that he ordered the car prowlers to the ground but they refused. Sheets said Hernandez turned in his direction as he ran and reached for his waist band, according to charging documents.

Sheets then "pointed his rifle at the victim and fired. The bullet hit Mr. Hernandez in the back of the head. The victim immediately fell to the ground, dropping the subwoofer," the documents say, noting that Hernandez was almost 70 feet from Sheets and facing the opposite direction when he was shot.

After the shooting, Sheets ran to Hernandez, checked his pulse and yelled for a neighbor to call 911.

Police didn't find a gun on or near Hernandez's body, according to the charging documents. But they did find a stereo face plate and screwdriver in his pocket, the documents say.

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