Unchanged Sentence For Man Who Assaulted Wenatchee Officers
A man convicted of assaulting two Wenatchee Police officers in 2016 will continue serving his sentence as originally ordered.
A change in state law along with a miscalculation of Jake Van Wyk’s prior criminal record, led the Washington Appeals Court to order his resentencing.
Chelan County Superior Court Judge Travis Brandt reestablished Van Wyk's original sentence of 22 years Wednesday.
Van Wyk admitted to injuring two officers who were trying to remove him from an unoccupied home where he was trespassing eight years ago.
Van Wyk, now 39, was 32 years old when Sgt. Keith Kellogg and Officer Tracy Valdez got into a scuffle with him in May of 2015 when they were trying to arrest him.
During the altercation, Van Wyk broke Kellogg's right wrist and caused Valdez's Taser to discharge into her eye before they overpowered him.
Van Wyk pleaded guilty to two counts of first-degree assault and one count of attempting to disarm a police officer in 2016.
Then in 2021, the Washington Supreme Court's Blake decision tossed out the state's felony drug possession law as unconstitutional.
As a result, Van Wyk's previous drug convictions were expunged, which changed his offender score.
Van Wyk's motion to move his case to the appeals court was granted in Chelan County in June of last year, although he was denied a retrial.
His case was returned to the county this past June after the appeals court's order for resentencing.
Chelan County prosecutors resubmitted Van Wyk's new offender score at 4, which calls for a sentence range of 123-171 months,
Judge Brandt on Wednesday issued penalties of 150 months and 114 for his two assault convictions, which he ordered to be served consecutively.
The total of 264 months equals 22 years, reflecting Van Wyk's original sentence.
Brandt noted there was no sentencing guidance from the appeals court.
Van Wyk’s attorney agreed with the recalculating of the offender score and the 264 month sentence.
In addition, Van Wyk has almost $116,000 owing in restitution to the injured officers and will have three years of supervision after his release.