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BY MAUREEN O'HAGAN |
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Ethan Thrower and Tom Curtis are suspected of robbing Kassab's Jewelry in August 1997. Thrower is said to have worn a Jesus pendant to school that matches the description of one, worth $800, taken in the robbery.
After robbing the Beaumont Market, Thrower, Emanuel Jackson and Albert Phillips allegedly went to Curtis' house to split up the money. Thrower was widely reported to have given a cut to Curtis, even though he didn't participate in the crime. Police reports state that Curtis gave it back.
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To the extent that there's been any sympathy in the case of the Grant High School students accused in a string of armed robberies, it's been for Ethan Thrower. Unlike the other two main suspects in the case, student-body president Tom Curtis and student-body vice president Todd Seymour, Thrower comes from a modest financial background. His family was able to hire a private attorney only with the help of its church. As a student, Thrower worked hard to compensate for his severe dyslexia. He is by most accounts a nice guy who sings in the school choir. Perhaps most significantly, while Curtis, the apparent ringleader of the group, was partying with friends in Mexico after a warrant had been issued for his arrest, Thrower sat in jail. But now that more evidence has come to light and Thrower has agreed to testify against the others in exchange for a 81Ž2-year sentence, he may not be seen as the unfortunate dupe anymore. In fact, defense lawyers say that by cutting a deal with prosecutors, Thrower, who is suspected in 20 robberies, may end up getting off easier than those of his accomplices who are suspected in only one or two crimes. That's because prosecutors may not be offering any more plea bargains in the case. "If he's getting that sentence in exchange for his testimony and the others have nothing to give, they will get a worse sentence," says Ed Jones, who heads Multnomah Defenders Inc. and is not involved in the case. "They're dealing with a situation where they've already got a floor established," says defense lawyer Michael Rose. If that's the floor, says Lisa Maxfield, the attorney for Seymour, then what's the ceiling? Her client is suspected in just two robberies, yet he's facing a potential sentence of 15 years under Measure 11. "I understand why a prosecutor would want to give Ethan credit for cooperating," Maxfield says, "but it shouldn't put Thrower in a position where those who are alleged to have engaged in conduct that was less culpable would, because of Measure 11, be receiving the same sentence or a worse sentence." The three other defendants--Celia Reynolds, Albert Phillips and Emanuel Jackson, accused in one crime each--are in a similar situation. Jones says given that calculus, he knows what his defense tactic would be. "With Ethan working out a deal for 81Ž2 years, the task now of other defense lawyers will be to convince the DA, and the public, that Ethan was the worst, that he was the ringleader," says Jones. That task may not be as tough as first seen. So far, Curtis has been portrayed by both the media and the district attorney's office as the ringleader. But he's actually suspected in one fewer crime than Thrower. According to police reports, Thrower is the only suspect to have been armed in each robbery, and he's alleged to have displayed some of the most egregious conduct. For example, in the March 1997 robbery of the International Burrito Market, he reportedly went into the store alone, waved a gun and said to the clerk, "Give me the money, bitch. I'm not kidding. I'll shoot you, bitch." In the November 1996 robbery of a HoJo Inn, Thrower reportedly told the desk clerk he had just 10 seconds to hand over the cash drawer. The clerk tells a bone-chilling story of Thrower's alleged countdown. A clerk at Beaumont Market told police that Thrower was the one to hold a gun to the base of his skull. The emergence of other suspects provides further evidence that Thrower wasn't simply following Curtis' orders. Phillips and Jackson were acquaintances of Thrower's--not Curtis'--reportedly recruited from church. In addition, Carl Clayborne McCray III, another church acquaintance, says that Thrower tried to recruit him in the July 1997 robbery of the Beaumont Market, one in which Curtis did not participate. "Based on all that," speculates defense lawyer Kris Winemiller, "you have to wonder whether Tom's gotten a bad rap and whether Ethan was out there actively recruiting people." WW has also learned that Thrower may have lied to the district attorney. Sources say that in May, Thrower inked a deal with prosecutors to serve 71Ž2 years in exchange for his testimony. In August, the deal was revoked, and a new agreement was signed for 81Ž2 years. The deal appears to have changed because Thrower didn't tell the truth--he said that Curtis participated in the July 1997 Beaumont Market robbery, but authorities later found out he didn't. Prosecutors won't confirm that a previous deal was nixed, but Thrower's current plea agreement hints that this is the case, saying, "In the future, nothing less than full and truthful statements will be tolerated." Thrower's lawyer, Pat Birmingham, says the statement may refer to his client's efforts to protect others. So who is the real ringleader? It's difficult to say for sure. None of the defense lawyers WW spoke with think Thrower's sentence should be longer, but they all agree it could have been worse, given the circumstances. "It could be Thrower is the one to get a deal because Thrower is the one who agreed to testify, not because of any actual facts," Rose says. Curtis chose to flee instead of turning over evidence. "If Tom hadn't run, he never would have been blackballed the way he was," Winemiller says. Birmingham maintains that his client doesn't deserve to be punished more than the others. "Ethan Thrower accepted responsibility early on. He wasn't trying to make excuses or blame other people... My opinion is that blaming Ethan Thrower or saying he's the bad actor more than the others is just not realistic."
originally published September 9, 1998 |