A Longview man convicted in 2011 of attempted murder was re-sentenced Wednesday to serve about four fewer years in prison due to a 2021 Washington state Supreme Court decision that vacated his prior drug conviction, lowering his required sentencing range.
Robert Byron Lee, 62, was re-sentenced in Cowlitz County Superior Court to about 25 years in state prison for the 2010 stabbing of his brother, who he blamed for the drowning death of his son. Lee was originally sentenced to about 29 years.
When the 2021 Washington state Supreme Court ruling struck down Washington's drug possession laws as unconstitutional, Lee's prior and unrelated drug conviction was vacated, lowering his offender score and requiring him to receive a lighter sentence, said Cowlitz County Deputy Prosecuting Attorney Eric H. Bentson.
The state Supreme Court ruled Washington's simple drug possession law was unconstitutional because prosecutors did not have to prove intent. Suspects could be arrested and charged for possessing drugs even if they didn’t know narcotics were on them, the court ruled in what is known as the Blake decision.
Bentson said Lee's attorney changes delayed the resentencing.
In 2011, a jury found Robert Byron Lee, 62, of Longview guilty of both first-degree attempted murder and felony harassment after stabbing his brother while he mowed the lawn at a North Kelso residence, according to previous report by The Daily News.
Lee, dressed in a prison uniform and sandals on Wednesday, attempted to read a statement before the court.
"I just want to say I'm sorry to my brother. I wish him no more harm," said Lee, though his brother was not at the hearing. He started to weep during his statement, saying he forgave his brother over the death of his son.
Cowlitz County Superior Court Judge Thad Scudder stated that at the time of Lee's sentencing, he was "very much fixated" on the role his brother played in the death of his son. He said he is unsure whether the victim had any involvement in his son's death, yet Lee continues to attribute his son's death to his brother and that he "doesn't know how much progress he (Lee) has made."
The victim told police that Lee's son accidentally drowned two years before the stabbing and that Lee blamed him for it. The wound caused damage to the victim's heart and one of his lungs, according to the original arresting documents.
Robert Lee's 18-year-old son died of accidental drowning July 11, 2005, in the Toutle River, The Daily News archives shows, and he was missing more than a week before he was found.
