Each of Washington's 39 counties has a superior court that hears criminal and civil cases as well as appeals from district courts. Here's what you should know about Pierce County Superior Court. By Pete Caster
A Pierce County judge declined to order any jail time for Shawn Kemp on Friday after the former NBA Seattle Supersonics star pleaded guilty to firing upon a stolen car outside the Tacoma Mall occupied by men who had broken into his truck.
Superior Court Judge Michael Schwartz instead ordered Kemp to 30 days of electronic home monitoring and a year of community custody, along with 20 hours of community service, primarily in Tacoma and Pierce County.
Before handing down that sentence, Schwartz admonished Kemp, telling him that arming himself in these circumstances could have resulted in the loss of innocent life. He said the situation could have easily been avoided by walking away.
“Property is replaceable, human life is not,” Schwartz said.
Kemp addressed the court before he received his sentence, telling Schwartz that he takes responsibility for what he did.
“I should have used better discretion,” Kemp said. “I’m very apologetic for what I did.”
Prosecutors recommended a high-end sentence of nine months in jail. No one was hurt in the incident, but prosecutors argued there was no evidence either of the men shot at Kemp before he fired a revolver at them at least three times, and that he made no attempt to contact police after his vehicle was prowled the previous night at a Seattle concert venue.
In a sentencing memorandum, deputy prosecuting attorney Sean Plunkett also accused Kemp of creating a dangerous situation when he tossed his loaded and cocked firearm into bushes, where Plunkett said a child could have found it.
But attorneys for Kemp said he didn’t want to approach responding law enforcement while armed. The defense said Kemp “immediately” acknowledged firing the gun and that he had placed it in a bush. Kemp has also maintained that he did not shoot until after one of the men fired a handgun at him.
Attorney Tim Leary wrote in a court filing Wednesday that Kemp was a beloved community icon who had worked constantly since his retirement from the NBA to advocate for the greater community. He pointed out that the men who he said instigated this ordeal had dozens of criminal convictions. Leary said public scorn and embarrassment has weighed heavy on Kemp.
“That punishment lasts much longer than any jail sentence,” Leary wrote.
Kemp, 55, was arrested by Tacoma police the afternoon of the March 8, 2023, shooting and released the next day when prosecutors requested further investigation. He was subsequently charged with first-degree assault with a firearm, and prosecutors added another first-degree assault charge and drive-by shooting shortly before his case was expected to go to trial.
In a plea deal, Kemp agreed to admit to second-degree assault in exchange for the reduced charge, which also removed firearm enhancements that could have added 10 years to his sentence.
Dajuan Jackson, 40, one of the men Kemp shot at, has sued Kemp, seeking damages for emotional distress. He is serving a prison sentence at the Stafford Creek Corrections Center, and his attorney said in court filings this week that he has ongoing mental health problems stemming from this incident. Jackson, whose lawsuit was stayed while the criminal case was resolved, has asked that Kemp pay the cost of his medical treatment while he is incarcerated.
In a victim-impact statement submitted to the court, Jackson wrote that he was the victim of an unprovoked, aggravated assault with a firearm.
“I have regular reoccuring (sic) night terrors of the assault against me by Mr. Kemp,” Jackson wrote. “I struggle every day to find resolve, peace or even a sense of normalcy.”
Nearly two dozen letters were sent to the court supporting Kemp. They came from the leaders of youth programs, churches and a senior center that Kemp has volunteered with since his retirement from the NBA, another former Seattle Supersonics player, Detlef Schrempf, as well as Kemp’s own children and an 11-year-old who said Kemp shows up for kids like him.
The letter writers did not excuse Kemp’s actions but said this incident was a mistake and asked that Kemp be given the opportunity to continue his commitment to communities in the Seattle and Tacoma areas.