Superior Court Judge Ray Kahler, who almost two weeks ago, set off a storm of social media criticism when he ruled that a defendant was guilty only of unlawful imprisonment, rejecting first-degree and second-degree kidnapping charges, reconsidered and has found Isaac J. Gusman guilty of second-degree attempted kidnapping.

Kahler announced the new verdict Monday and sentenced Gusman to 8 months in jail.

He had been expected to sentence on the lesser charge, which would have meant Gusman would have gone free because of the time he’s already served.

According to the prosecutor, the victim was walking home from her job on Main Street the evening of May 16 when Gusman approached in a pickup truck. He confronted the 21-year-old woman and tried to push her into the passenger seat of his vehicle, but the victim fought back and after both fell to the ground, the victim’s screams were enough to get Gusman to flee.

The victim’s description of the truck and Gusman, along with other witness accounts, led to Gusman’s arrest May 22.

In court Monday, Judge Kahler said he had reviewed the case and found there was suitable evidence to convict Gusman of second-degree attempted kidnapping.

Gusman’s public defender, David Arcuri, asked for less than the nine months maximum. Svoboda asked for the maximum because of the amount of trauma suffered by the victim and her family.

In addition, Gusman will serve one year of community commitment and will not be allowed in Montesano for five years. Gusman was also ordered to not possess guns or other weapons and Kahler said the court would consider restitution to the victim and her family for the counseling needed after their traumatic experience.

After the verdict, the victim’s mother, Holly Shuck, said she was very happy Kahler reconsidered his verdict. She was particularly pleased at the five years Gusman will not be allowed in Montesano, except for official court or county departments business. Even then, he will be allowed only to travel directly to and from those offices, nowhere else within the town, said Kahler.

Victim impact statements weigh in sentence

The victim, AnnMarie Shuck, and her parents Holly and Travis Shuck read their victim impact statements after the revised verdict.

“I am a victim. I am a victim of Isaac Gusman’s own selfish desires,” said AnnMarie.

She described how the impact went beyond herself and extended to her family, friends and the entire community. She said most know the story of what happened that evening when she was confronted and threatened, she testified, with a gun held by a man she did not know who tried to force her into his vehicle.

“Let me explain the things that the public never saw. They never saw how my mother had to hold me up that night because my shaking body barely got me back to my house,” said AnnMarie. “They did not feel the way my throat hurt from screaming that night or the way my body ached for the next week from how violently I shook for hours of recurring terror. They do not see those nights I still lay wide awake into the early hours of the morning replaying the attack over and over again or the way I try to always make sure my back is to a wall so as not to allow anyone to come up behind me.”

Travis Shuck told the court he drives home from work every day through the intersection, and remembers seeing his daughter soon after the attack. Had he gone to his window, he would have seen his daughter “fighting for her life,” he said, and if the window had been open he could have heard her screams, which witnesses described in detail during Gusman’s trial.

“The impact on my daughter is, has been, and will continue to be at best severe emotional trauma and at worst a paralyzing fear of leaving her home,” said Holly.

Gusman was given an opportunity to speak before his sentencing, but declined. He showed no emotion during court proceedings.

“I have no doubt what occurred was terrifying and Ms. Shuck suffered extreme emotional trauma and will for years to come,” said Kahler, recalling testimony from investigators and witnesses describing AnnMarie’s state immediately after the incident. He described how witnesses inside their homes testified they heard her screams from outside, and one witness described hearing AnnMarie scream while he was driving a block away.

Kahler said because of the impact on the victim and the overall “need to protect the community,” he sentenced Gusman to 8 months in jail, a month shy of the maximum allowed by state law for the offense. He also ordered Gusman to undergo a mental health examination to determine if the community could be further protected by some sort of treatment if it’s found Gusman is in need of it.

History of the case

Gusman’s defense asked for a bench trial, meaning a judge, not a jury, would decide his guilt or innocence. Kahler’s initial ruling of guilty on Aug. 16 only for unlawful imprisonment stirred up anger within the community. If that had been the final verdict in the case, Gusman would have likely been released within hours of his sentencing as he has been in the Grays Harbor County Jail since his arrest in late May and the maximum sentence he faced was three months.

Grays Harbor County prosecutor Katie Svoboda had petitioned Kahler to review the case findings and the application of state laws, case history and definitions regarding abductions. Arcuri protested, saying Kahler’s verdict as read Aug. 16 should stand.

“This is frivolous, unconstitutional nonsense,” said Arcuri. “I am surprised we are even speaking to this. I would have thought the court would just say ‘motion denied.’”

Svoboda disagreed. “The court ruling is not final until the verdict is entered with the court,” she said. Kahler agreed, saying previous court language supports a judge’s ability to reconsider testimony without a double jeopardy implication.

Kahler said he studied case histories of similar court cases and decisions and found that those decisions supported the guilty verdict for second-degree attempted kidnapping, which changed his final findings in the Gusman case.

Peaceful protest

Before the sentencing hearing, a group of about 30 people, including the Shuck family, gathered along West Broadway Avenue from the courthouse with signs saying state laws governing kidnappings need to be revisited, with several calling out Kahler for his original ruling.

“It’s all about creating awareness,” said Holly of the need for the Legislature to re-examine the Revised Code of Washington’s definition of abduction and kidnapping. Holly remarked that of the 30 or so people who showed up, only a few were family and coworkers. The rest were “Facebook friends” who came to show their support for the family.