No criminal charges planned for fatal punch

GRANITE FALLS — Prosecutors don’t plan to file criminal charges against a teenager who threw a single punch that led to the death of 18-year-old Jarom Thomas.

A Snohomish County deputy prosecutor met with Thomas’ parents Wednesday to explain his decision not to charge Michael Galen in connection with the Dec. 21 death.

“The facts in this case are very unique,” deputy prosecutor Craig Matheson said Thursday.

Witnesses and Galen, 18, told investigators that Thomas agreed to be punched to settle a dispute over a fender bender.

Galen and Thomas were at a party in the Lake Roesiger area when Thomas struck a car belonging to Galen’s friend. The accident caused minimal damage. Witnesses said there were some pushing and yelling between the two.

The teens reached their agreement, shook hands, smoked a cigarette and then Galen punched Thomas, according to police records.

The force caused Thomas to fall backward and he struck his head on the pavement. The Snohomish County medical examiner concluded that Thomas suffered a skull fracture and fatal brain injury when he hit the pavement.

Galen initially was booked for second-degree manslaughter. He later was released pending the investigation.

“This is not an intentional homicide and we don’t reach the mental state of recklessness or negligence,” Matheson said.

To convict Galen of manslaughter, prosecutors would have to prove that he knew of and disregarded the substantial risk that a punch would kill Thomas, or that he failed to be aware that his actions could lead to death.

Given Galen’s age and limited life experience, it would be a challenge to expect him to know that a single punch could be fatal, Matheson said.

The teens’ interaction before the fatal blow also weighed heavily into the deputy prosecutor’s decision.

It would be hard to prove that Galen assaulted Thomas because Matheson would have to convince a jury that the punch was unwanted.

“There was an agreement and a handshake,” Matheson said.

Snohomish County sheriff’s detectives did not recommend charging Galen after completing their investigation.

“I believe Jarom Thomas’ death is a tragedy and a horrible accident,” detective Tedd Betts wrote. “While the punch itself was intentional, I don’t believe there was any intent to cause death; and I don’t believe Michael Galen could reasonably have believed his punch would or could have caused Thomas’ death.”

Diana Hefley: 425-339-3463, hefley@heraldnet.com. Twitter: @dianahefley

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