It was a major decision in the case of a father who was tied up and killed during a burglary. Judge Gael Wood rejected Franklin County Prosecuting Attorney Robert Parks' plea deal for two people accused of killing 70-year-old Ken Allen inside his Washington home.
In the courtroom Friday, Wood said the plea deal was "too lenient."
Allen's body was found dead in November last year. Timothy Woninsh and Whitney Robins originally faced felony murder charges. The plea deal was, in part, to plead guilty to involuntary manslaughter and serve seven years in prison.
"I charged the felony murder because it's always easier to drop down than to go back up," Parks said after the hearing.
Parks says there isn't evidence showing there was intent to commit murder.
"I do not believe they went out there to kill him," he said. "I think there was a fight and I think he died as a result of that fight."
Allen's family members were furious about the proposed plea deal. Ahead of the judge's decision, protesters gathered outside the courthouse to encourage him to reject it.
"We still suffer the trauma of his murder and we suffer the trauma of this plea deal that was attempted but in the moment I am feeling such relief that I am going to go ahead and smile and let those feelings roll," Allen's daughter, Kathy Allen, said.
She says there is still more to be done in order to get justice for her dad.
"It would be lovely if they would go ahead and plead guilty to second-degree murder and get that over with," she said. "Beyond that, yes, we need to go to trial."
Allen's family will be back in court on November 14 to find out if a date will be set for trial.
