JAY CLEMENTS: UPDATED 07.2023, ACCOUNTABILITY LETTER

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, some 13 years after the murder.

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 Mukilteo 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 harassing 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 ruling upholding the murder conviction was issued on July 20, 2009. The two assault charges were dismissed on a technicality regarding jury instructions.

RESENTENCING: April, 2010

Fast forward to April, 2010. Noel is re-sentenced 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. 

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 affidavits from Karen, Dan, the judge, and various 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 is interesting reading: especially  allegations of the Judge and jury members sleeping.

THIRD APPEAL: 2013-2017 

In November, 2013, Noel Caldellis and his attorneys 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. 

Numerous filings took place during the three year time period from 2014-17. The Washington State Supreme Court  denied the appeal in December, 2016. Noel Caldellis then filed a motion for reconsideration, which was declined by the court in March, 2017.

FOURTH APPEAL: 2017-2019

A fourth appeal was filed in February, 2017 in the United States District Court for the Western District of Washington. This was a Petition for Writ of Habeas Corpus challenging his State court judgement and sentence. 

This appeal, 18-35650 was taken up by the US Ninth Circuit Court of Appeals in August, 2018, and heard in Seattle in May of 2019. The court denied this appeal.

NOEL'S ACCOUNTABILITY LETTER: June, 2023

In June of 2023 we received what is called a Letter of Accountability from Noel. In it he describes Jay’s shooting, along with his sixteen years of trying to deny, and finally accepting what he had done. From my perspective, it shows a high level of maturing. Had he done this earlier, and accepted the plea bargain offered him, he would, no be out of prison. Click here for a link to the letter.

IN JAY'S MEMORY

There have been numerous organizations and individuals who have honored Jay after his death. We thank the following organizations and friends.

• Washington Cease Fire
• Victim Support Services
• 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.

Jay’s memory lives on  in another beautiful way. Our younger son and daughter-in-law gave their son the middle name of Jay, as did one of his close high school friends.