Defendant in 2020 Seattle Baseball Bat Attack Receives 5 Years in Prison
On Friday, March 11, Jacob Greenberg and Danielle McMillan were sentenced in King County Superior Court for their crimes during a October 2020 Seattle demonstration.
Mr. Greenberg hit Seattle Police Officer Jose Jimenez in the head with a baseball bat. The video of that attack starts at the 1:24 mark of this news report. Mr. Greenberg was sentenced to 5 years in prison.
Notes on the sentences for both defendants and testimony in court today from Officer Jimenez are below.
Testimony from Seattle Police Officer Jose Jimenez
Officer Jose Jimenez — a first-generation American who served eight years in the Navy including four deployments — told the Court that he because a police officer to continue serving his country after his time in the Navy.
“Growing up in Southern California and serving our country in the Navy, I never experienced so much hate from Americans,” he told King County Superior Court Judge Sandra Widlan prior to sentencing. “I can’t even explain how horrible it felt being at the East Precinct behind that line and just experiencing all that hate.”
Jimenez said his memory still can be fogged from the attack and that lights like those in the courtroom on Friday give him headaches.
“The probability of somebody surviving an attack like that to the back of the head — I don’t know how I’m still here. It’s either with the good equipment that was provided by the City of Seattle and the Police Department or all the prayers from my relatives and individuals out there still supporting us.”
“I don’t know how much worse my headaches might get when I get older,” he said.
Officer Jimenez said he’s glad that the defendants are losing their Second Amendment right as part of their felony sentences.
“If he had the opportunity to get his hands on a firearm that night, I wouldn’t be here,” Officer Jimenez said. “My wife would be a widow. My children would more than likely be raised by another man.”
Officer Jimenez said that the night he was attacked he was attacked by multiple times, including by a person who knocked him off his bike and others who hit him with objects before the baseball bat attack.
“If we take this serious today, we give some hard time — reasonable time, or course — it might deter other individuals from thinking ‘I can get away with it,’ or thinking ‘If I get caught, not a big deal — it will be a slap in the wrist.’ Because my head almost got taken out that night. It wasn’t a plastic bat, it wasn’t a T-ball bat, it was an aluminum bat.”
Jacob Greenberg’s sentence
Jacob Greenberg was sentenced for Attempted Arson in the First Degree, an exceptional sentence for Assault in the Second Degree with a Deadly Weapon, and Reckless Burning in the Second Degree. The attempted arson and assault with a deadly weapon charges are felonies, and the reckless burning charge is a gross misdemeanor.
The King County Prosecuting Attorney’s Office consulted with Officer Jimenez in this case before the case was resolved.
Defendants are sentenced based on statewide guidelines that take into account the crime they are convicted for and a defendant’s felony criminal history (called an offender score). A deadly weapon enhancement is then consecutive to that standard range. In the overwhelming majority of cases, judges follow the statewide sentencing guidelines.
The statewide sentencing standard range for Greenburg’s assault in the second degree with a deadly weapon enhancement conviction is 24 to 26 months based on his offender score of 2. His only felony convictions are the other counts charged by the KCPAO in this case.
Mr. Greenburg was initially charged with Assault in the First Degree, Reckless Burning in the First Degree, and Attempted Arson in the First Degree.
After significant negotiations, the parties agreed to reduce the Assault 1 to Assault 2, which also reduced the potential sentence. In exchange for the reduction, the parties agreed to an exceptional sentence of 60 months followed by 18 months of community custody with the Department of Corrections.
The King County Prosecuting Attorney’s Office has seen other, separate cases — including a similar assault case against an officer with video that we believed could be proved beyond a reasonable doubt — rejected by a jury.
This exceptional sentence ensures accountability for Mr. Greenburg.
He also is required to pay restitution as ordered by the Court.
Danielle McMillan’s sentence
Danielle McMillan was convicted of Reckless Burning in the First Degree, a felony.
Because Ms. McMillan has no felony criminal history, the statewide sentencing range — a range set by state lawmakers that is not unique to King County — is 0 to 60 days.
Statewide sentencing ranges do not take into account a person’s misdemeanor conviction history, of which Ms. Millan has eight, primarily in Snohomish County.
This sentence in done based on the understanding that Ms. McMillan will continue to cooperate with an ongoing related federal case and investigation. It will be followed by 12 months of community custody with the Department of Corrections. She also is required to pay restitution as ordered by the Court.
