We are here today to acknowledge that our community has suffered another terrible hurt.

Coming on the heels of the aggravated murders in Kirkland and at the Jewish Federation, we endure yet another extraordinary loss -- the death of a young police officer just beginning his career in public service.

This senseless tragedy unfolded in a matter of seconds.

Picture a driver flying through a city neighborhood at an estimated speed of 80 miles per hour, running a red light and broad-siding a police patrol car, killing the young officer, and, in an instant, putting an end to his life's hopes and dreams.

His family, his police family, and the broader community are left devastated.

And we are left to pick up the pieces.

Mary Jane Rivas is being charged today with vehicular homicide for causing the death of Seattle Police Officer Joselito Barber in the early morning hours last Sunday.

We allege that Rivas was the driver, and sole occupant, of a GMC Yukon SUV that was traveling at an estimated 80 miles per hour eastbound on Yesler Avenue shortly after 4 in the morning.

The Yukon first came to the attention of two other Seattle Police Officers, in separate patrol cars who saw the speeding car at about 20th and Yesler and turned around and tried to give chase.

Before the pursuing officers could catch up, Rivas ran the red light at the intersection of Yesler and 23rd and broadsided the patrol car driven by Officer Barber, killing him.

We have charged the defendant with two alternative ways of committing vehicular homicide: reckless driving and driving while under the influence of intoxicating drugs.

At trial we will present evidence to show that Rivas was under the influence of cocaine at the time she was driving.

In addition, a thorough search of the defendant upon her arrest revealed that she was in possession of approximately one gram of crack cocaine.

The standard sentence for someone convicted of vehicular homicide by driving while intoxicated is two and one-half to three and a half years.

That standard sentence range is increased by the presence of prior criminal convictions.

Based on her criminal history, which is outlined in the charging documents, defendant Rivas faces a standard sentence range of 10 to 14 years.

This, in my view, falls far short of being a just and adequate sentence.

We believe that the standard sentence range is insufficient in this case.

We are seeking an exceptional sentence through the relatively new process mandated by the U.S. Supreme Court and outlined in Legislation passed in 2005.

Under the new exceptional sentence procedure, the prosecution may give notice to the defense in the charging papers that we will attempt to prove one of the aggravating factors listed in the statute.

Those facts would have to be determined by a jury. If the jury finds the presence of an aggravating factor, then the sentencing judge may use that as a basis to impose a sentence higher than the standard range.

In this case we are electing to use the aggravating factor known as "rapid recidivism".

The jury will be asked whether the defendant committed the current offense shortly after being released from incarceration.

The evidence will show that Rivas had been released from the Department of Corrections drug rehabilitation program 10 days before she caused the death of Officer Barber.

We think this aggravating factor is made for cases like this one, and we will ask the jury to consider whether the commission of this crime just 10 days from release from prison meets the definition of "rapid recidivism".

If they make that finding, the sentencing judge will have a basis to consider a sentence much greater than the standard range.

We will ask for a sentence that reflects the outrageous recklessness of the act and the enormity of the loss of this young officer.

We cannot take away the hurt and loss suffered by the Barber family, his Seattle Police department family, or the broader community.

Joselito Barber was exactly the kind of person you want wearing a police uniform.

A graduate of O'Dea High School and the University of Washington, Lito Barber became drawn to police work as a way to serve his community. He was earnest, optimistic and driven by a strong work ethic. He loved being a police officer.

Had the defendant missed Officer Barber and crashed into a civilian victim, or into a tree, Officer Barber would have been first on the scene to render aid to those in need.

Instead, he becomes a crime victim because he was on the streets doing our work, keeping watch over our neighborhoods.

We are devastated by the loss of this young public servant.

We are outraged at the senselessness of the loss.

We are left to seek justice, to try to find the right result, knowing that it can never make our community whole.

Dated: August 18, 2006