Court filings say Capps was 20 at the time of the 1994 killing and is now seeking a new sentence.
TACOMA, Wash. — A Pierce County judge is set to hear a resentencing case Friday for Randy Philip Capps, who was sentenced to life without parole in a 1995 case tied to the killing of Marietta D. DelaCruz, according to court filings.
A hearing is scheduled for 1:30 p.m. Friday in Pierce County Superior Court.
In a sentencing memorandum filed in January, Capps’ attorney asked the court to impose a new sentence of 400 months.
According to court documents, Capps was 20 at the time of the offense and sentenced to life without parole after he pleaded guilty.
In 2019, Capps asked the court to vacate the sentencing ruling because he was 20 at the time and the court didn’t consider that when he was sentenced to life in prison.
In 2021 the Washington State Supreme Court ruled that mandatory life sentences for people under 21 was not allowed.
In 2022, the state agreed to a resentencing, saying the court should weigh Capps’ youth at the time of the crime and his rehabilitation in prison.
According to court documents, Capps and three co-defendants were accused of causing the death of DelaCruz on March 15, 1994.
A report filed by the defense says Capps grew up in Pierce County, described abuse in his home, struggled in school and with reading, and started using drugs as a teenager.
The report says he later earned his GED, completed prison programs and work assignments, and picked up certifications while in custody.
The same report says Capps also had serious prison infractions over the years, especially earlier in his sentence.
It also describes support from family and friends and says Capps has expressed regret for his actions.
Friday’s hearing is the latest step in a case that has been back in court for resentencing after decades in prison.
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