Inslee reduces sentence for man convicted in Kent Denny’s shooting

A man who shot and injured five people in 2007 at the Denny’s restaurant in Kent will get released 17 years early from his prison sentence after Gov. Jay Inslee on Jan. 10 signed a conditional commutation.

Frank Lee Evans III, 41, must serve one more year until Jan. 10, 2026, before his conditional release, according to documents released Tuesday Jan. 14 by a governor’s spokesperson to the Kent Reporter. Evans has 18 years remaining on a 36-year sentence. He was 23 at the time of the shooting.

Inslee’s decision, during his final days in office, came after the state’s Clemency and Pardons Board recommendation, on a 5-0 vote in September 2023, to the governor that he reduce the sentence for Evans. Inslee held off about a decision until just five days before the end of his term.

“I have reviewed all the pertinent facts and circumstances surrounding this matter, the circumstances of the involved crime, and the favorable recommendation of the Washington State Clemency and Pardons Board and, in light of the foregoing, I have determined that the best interests of justice will be served by this action,” Inslee wrote in his conditional commutation document.

In a Jan. 13 email to Jennifer Horwitz, the Seattle attorney for Evans, Kathryn Leathers, general counsel for the governor’s office, announced Inslee’s decision.

“Governor Inslee takes his clemency and pardon power very seriously and uses it rarely only after careful and thorough consideration,” Leathers wrote in a email provided to the Kent Reporter. “He has placed his faith in Mr. Evans that he will dedicate himself to living an exemplary life and remaining trouble-free. By granting this extremely rare relief, the Governor’s Office encourages Mr. Evans to realize his aspirations and to never again commit a crime.”

A King County Superior Court jury convicted Evans, of Kent, of five counts of first-degree assault with five gun enhancements, and a judge sentenced him in 2008 to 63 years in prison.

A King County judge reduced that sentence to 36 years in 2020 after a state Supreme Court decision about another case that requires a trial court to consider specific factors when sentencing a juvenile (or young) offender, including immaturity, impetuosity and the impact of familial and peer pressures.

Evans walked into the restaurant shortly after 2 a.m. Jan. 27, 2007 at 1246 Central Ave. N., intoxicated and demanded that a group of people immediately leave “his table,” according to court documents. After picking a fight, Evans left the restaurant and returned with a gun. Evans stepped in the door and fired off 11 rounds, injuring five people. Steven Tolenoa, struck by the gunfire, was left paralyzed from the neck down. He died in 2020 at age 41, months after contracting pneumonia.

During his September 2023 hearing in front of the state Clemency and Paroles Board, Evans broke into tears as he listened to comments from the five-member board about why they unanimously supported his petition for commutation of his sentence, according to a video of the hearing.

“I’m appreciative of your remorse and respect the changes you made in your life and the changes you mentioned,” said board member Doug Baldwin, a former Seattle Seahawks receiver, during the hearing after Evans spoke to the board. “If we grant commutation, you have a responsibility to positively contribute to our community and I believe you will do that.”

Evans spoke from prison to the board during the hearing that lasted about two hours and 30 minutes. He first wanted to address the five individuals he injured and the numerous other people in the restaurant that night.

“I apologize to each and every one of you and your families and friends,” Evans said. “My actions were unwarranted and unprovoked. I’m deeply hurt by the pain and suffering I have caused you, but it doesn’t compare to your pain. …there’s nothing I could say to you, and you’d say, ‘OK thank you.’”

Evans said at the hearing he wants his actions to speak louder than his words.

“I want to be a positive influence and work with youth and prevent them to do what I did,” he said. “All of you who do not want to see me released, I understand that. I want to show I can impact the community in a positive way.”

Horwitz, a criminal defense attorney for more than 30 years, said at the hearing that Evans owned up to committing the crime and apologized to everyone impacted by the shooting. She also said a psychological evaluation of Evans was never done after he was arrested and charged, but should have been.

“Had it been done it would have shown people are immature in their early 20s, a time in life when people’s brains continue to develop,” she said. “It’s not an excuse, but he’s not the immature person he was then. He had not fully matured.”

Inslee, in his conditional commutation document, emphasized the accomplishments of Evans in prison, including earning his GED; completing a 10-week Redemption X Self-Awareness program; leading the Black Prisoner’s Caucus; completing Life Skills, Victim Awareness, Substance Abuse Awareness, Anger Management, College Prep Math and Financial Management classes; completing 12 weeks of substance use disorder treatment and a Life Skills Reentry class.

Evans also has prepared and passed out meals, cleaned floors, tended gardens and worked as a therapy aid to help blind and disabled individuals. He has served as a peer educator on HIV, Hepatitis B & C Prevention, Risk Reduction and Harm Reduction.

Inslee recognized in his document that the King County Prosecuting Attorney’s Office opposed Evans petition, saying it does not see “extraordinary circumstances” that warrant commutation. The Kent Police Department also opposed commutation as did a woman who was in the restaurant during the shooting and testified at his trial, saying Evans should remain in prison to pay his debt to the people he harmed.

“The city objected to the commutation of the inmate’s sentence, noting he had previously received a significant reduction of his sentence in 2020 – reducing it from 63 years to 36 years,” said Pat Fitzpatrick, city of Kent chief administrative officer, in an Oct. 3, 2023 written report to the Kent City Council.

Evans remains in custody at Stafford Creek Corrections Center in Aberdeen, according to state Department of Corrections prison records, but previously was housed at the Washington State Penitentiary in Walla Walla.

Inslee granted the state Department of Corrections (DOC) to release Evans next year to live with his brother in Kent. Following his release, Evans will begin 36 months of DOC community supervision to ensure a successful release. He is to have no contact for life with the individuals named in his King County Superior Court judgement and sentence.

The Kent Reporter reached out for reaction to Inslee’s decision from Horwitz, the attorney for Evans; the King County Prosecuting Attorney’s Office; and city of Kent CAO Pat Fitzpatrick, but has not heard back.