JAY CLEMENTS: UPDATED DECEMBER, 2016

This is a status report concerning the murder of our son Jay Clements by Noel Caldellis on September 3, 2006. The most recent up-date includes the latest round of appeals (nine years after the murder) called a Personal Restraint Petition.

BACKGROUND

Jay was 21 and had just begun his senior year at the University of Puget Sound. Noel Caldellis had just turned 18 years old and was working at a Starbucks in Lake City Way, Seattle.

Jay was attending a party at his friend the Black's in Brier, Washington. There was some commotion outside, so Jay and two of his friends went outside to try and calm things down. Noel shot Jay twice with a 357: once in the groin, once in the heart from about 10-15 feet away. Noel and his friend Pejmon Jahed purchased the gun in Federal Way from a contact in their Christian youth group BASIC (Brothers And Sisters In Christ).

When Noel and Pejmon purchased the gun it had no ammunition. 357 caliber ammunition was obtained from an unnamed family friend. What was quite disturbing is that neither set of parents (Evangelos and Sheri Caldellis of Seattle, and Esmaeel and Evelyn Jahed of Shoreline) took any steps to find out where their children obtained weapons and ammunition.

After a year and a half of legal proceedings and a five week trial Noel was found guilty by the jury in a few hours, and was sentenced to 36 years in prison. After spending over $1 million for legal defense Noel's family is using a public defender paid for by taxpayers to handle the appeal of the murder and other convictions. The initial appeal was heard in June, 2009, and the murder conviction was unanimously up-held. A second appeal to the Washington State Supreme Court was denied.

What is remarkable is that neither the Caldellis nor the Jahed families have taken any action to either apologize for their sons behavior, or take steps to help find out where the gun and ammunition were obtained. Additionally, private detectives were hired and spent a great deal of time and energy harrassing the friends who were with Jay the night he was murdered.

FIRST APPEAL (2009)

In June, 2009 the Washington State Court of Appeals heard Noel's appeal of the murder and two related assault conviction. A link to the 20 minute appeal proceedings appears below. A ruling upholding the murder conviction was issued on July 20, 2009, and a link to the ruling also appears below. The two assault charges were dismissed on a technicality regarding jury instructions.

  • Audio of Appeal (20 minutes)
  • Appeals Court Ruling
  • Resentencing (April, 2010)

Fast forward to April, 2010. Noel is resentenced to 25 years for murdering Jay. At this hearing Noel presented himself in a very different manner. He took responsibility for his actions and actually apologized to us. I read a statement after my victim impact testimony requesting that he be able to participate in a youth anti-gun violence program, and the judge approved this request. Relevant documents can be accesses by following the links below.

  • Noel Caldellis Apology & Resentencing Statement
  • Letters of Support for Noel Caldellis at Resentencing
  • Dan Clements' Victim Impact Statement at Resentencing
  • Dan Clements' Youth Gun Violence Project Request

SECOND APPEAL (2011)

A new Personal Restraint Petition appeal was filed in the Spring of 2011. One of the more memorable items is Noel's aunt, Jennifer Meranto, stating she saw the judge, jury members, and the lead detective on the case fall asleep. She also states she took no notes. This was never brought up during the trial or subsequent appeals.

The prosecution filed its response in August, 2011, along with affadavits from Karen, Dan, the judge, and varius others that they did not see anyone sleeping during the trial.

In October, 2013, the Washington State Court of Appeals denied the Personal Restraint Petition. It can be accessed below. It is interesting reading, especially on page 10 dealing with allegations of the Judge and jury members sleeping.

  • Noel Caldellis Personal Restraint Petition (May, 2011)
  • Personal Restraint Petition Exhibits (May, 2011)
  • State Response to Personal Restraint Petition (August, 2011)
  • Supreme Court Denial of Personal Restraint Petition (October, 2013)

THIRD APPEAL (2014)

In November, 2013, Noel Caldellis and his attornies filed another appeal: this time to the Washington State Supreme Court challenging the Court of Appeals decision. On January 14, 2014 the Snohomish County Prosecutor filed their brief in the case. The State Supreme Court threw out all appeals.

FOURTH APPEAL (2015)

In 2015, Noel Caldellis and his attornies filed another Personal Restraint Petition appeal to Washington State Supreme Court challenging the Court of Appeals decision. Oral arguments were heard in October, 2016, and a verdict was issued December 15, 2016. All appeals were rejected (Docket 89585-6).

NOEL'S PRISON LOCATION & STATUS

A status report on Noel Caldellis may be found at: http://www.doc.wa.gov/offenderinfo/default.aspx. His prison number is 315488.

IN JAY'S MEMORY

There have been numerous organizations and individuals who have honored Jay after his death. Below are links to videos produced by two organizations we strongly support.

  • Washington Cease Fire
  • Families and Friends of Victims of Violent Crimes

We are also thankful for Jay's friends who formed a baseball team in his honor. It is called the "Blue Jay's," and it has been a great way for Jay's friends to keep in shape, have fun, and remember Jay.


1619 Edgemoor LN | Everett, WA 98203, USA
+1.425.418.8755 | dan@e-Clements.com