Clemency board recommends commutation for Aaron Toliafoa after victim changes position

The Washington Clemency & Pardons Board voted to recommend that the governor commute the sentence of Aaron Toliafoa after a hearing on March 8, 2024, in which the victim of the shooting at the center of the case told the board he no longer opposed release.

Counsel Katie O'Sullivan (Perkins Coie) told the board that Toliafoa, convicted as a juvenile, has shown nearly a decade of sustained rehabilitation, taken responsibility for his crimes and built mentoring relationships inside juvenile rehabilitation facilities. "Aaron is deeply rehabilitated in every sense of the word," O'Sullivan said, arguing those changes constitute extraordinary circumstances that warrant commutation.

The petitioners presented multiple witnesses who described Toliafoa's leadership at Green Hill School and in statewide juvenile justice advocacy, including Sarah Zier of TeamChild and Gordon McHenry Jr. of United Way of King County. Toliafoa himself apologized directly to the man he shot: "I'm deeply sorry for everything that I put you through," he said during his testimony.

Pierce County Assistant Chief Brooke Burbank said her office initially leaned toward supporting the petition but, after learning that Toliafoa had been found with a contraband cell phone in December, took a neutral position. "We are remaining neutral on this," Burbank told the board, noting prosecutors had not yet imposed sanctions for that incident.

The hearing included detailed discussion of restitution: counsel said the original restitution award was about $290,000, the majority payable to an insurer, and that interest has increased the total. The record includes differing numeric references from counsel during testimony (counsel referenced both a current total of roughly $590,000 and a figure that had grown with interest to more than $1,000,000); counsel also said Toliafoa had paid roughly $2,200 to date and that a recent state law may permit waiving amounts owed to insurers so more money would go directly to victims.

Victim David McCollum, who described ongoing pain and loss of use of an arm, told the board he had been angry but had changed his view. "Send him home to be a father," McCollum said, adding that Toliafoa's rehabilitation convinced him the former defendant could do good in the community.

Board discussion acknowledged both the weight of McCollum's support and concern about the recent contraband incident. Board member Kazi Joshua moved to recommend commutation; Doug Baldwin seconded. Raymond Dela Streis expressed strong reservations about the December contraband phone, and he abstained from the final vote. The board recorded three votes in favor, one abstention, and one member not participating; the action is a recommendation to the governor, who makes the final decision.

Next steps: The board's recommendation will be transmitted to the governor's office for the final decision. The board warned that a commuted sentence carries conditions and that reoffending would return the petitioner to custody.