A Lewis County judge sentenced Kelly David Hribar, 46, of Pe Ell, to approximately 34 years in jail on Wednesday, Nov. 29 for first-degree murder and second-degree unlawful possession of a firearm convictions stemming from the fatal shooting of 40-year-old Leonard Kowalsky near Pe Ell in August.
“I’m sorry about all this even happening to begin with,” Hribar said during his sentencing hearing in Lewis County Superior Court on Wednesday.
Hribar was convicted by a 12-person jury after a 10-day trial that concluded Oct. 25.
Hribar had ongoing “beef” with Kowalsky at the time of the murder, with witnesses reporting Hribar believed Kowalsky and another subject burned down Hribar’s trailer. Hribar also believed that Kowalsky tampered with the radiator on his vehicle the day of the murder.
Hribar and Kowalsky both visited the same gas station shortly before the shooting on Wednesday, Aug. 16. Witnesses also at the station reportedly heard Hribar say he planned to confront Kowalsky, and surveillance footage shows Hribar drive away from the gas station — shortly after Kowalsky arrived — toward Kowalsky’s residence instead of toward his own home. Physical evidence from the scene and witness testimony show Kowalsky backed his pickup into the brush in an unofficial parking area on state Route 6 near the intersection with Katula Street, where Hribar lived. Kowalsky reportedly drove past Hribar’s car west on state Route 6, made a U-turn and had started driving east back toward Pe Ell when Hribar fired his shotgun three times, striking Kowalsky at least once, with the fatal shot striking his left buttock and becoming lodged in his torso.
Hribar fled the scene after the shooting. Kowalsky remained conscious long enough to tell first responders “Kelly shot me” and fell unconscious while en route to Pe Ell School. He was airlifted from the school to Tacoma General Hospital, where he died.
Several of Kowalksy’s friends and family members spoke Wednesday of the impact Kowalsky’s death has had on their lives.
“I want him (Hribar) to know how much he hurt so many people,” one of Kowalsky’s childhood friends, Jordan, said during the sentencing hearing. “I’m going to miss Leonard. A lot of people are going to miss Leonard.”
Of Hribar’s claim Kowalsky and members of his family were involved in burning down Hribar’s trailer, one of Kowalsky’s siblings said Wednesday, “We had nothing to do with his house getting burned down.”
One of Kowalsky’s siblings told the court she has been unable to sleep since Kowalsky’s murder in August and has lived in constant fear of being attacked like her brother was.
Hribar said Wednesday he had found out what really happened with the trailer fire the day of the murder, and said, “Things escalated. I’ll leave it at that … I’ll leave it in God’s hands and the court’s hands.”
Due to his criminal history, the severity of the charges he was convicted on in this case and a 60-month firearm enhancement attached to the charge, the standard sentencing range for the first-degree murder charge was set at 321 months to 407 months, or 26 years and 9 months to 33 years and 11 months, in jail. The standard sentencing range for the unlawful possession of a firearm charge was four to 12 months.
While defense attorney Don Blair asked Judge Joely Yeager to set Hribar’s sentence at the low end of the standard sentencing range, Yeager granted the state’s request for the maximum sentence allotted by the standard sentencing range for both charges: 407 months for the murder charge and 12 months for the unlawful possession of a firearm charge. The two sentences will be served concurrently.
“I believe there are extenuating circumstances that would warrant the high end of that range,” Yeager said of her ruling on Wednesday, referring back to the jury’s finding that Hribar premeditated Kowalsky’s murder.
Additionally, Yeager said Hribar “demonstrated a complete lack of remorse for the victim after he committed this act,” referencing the fact that Hribar drove past Kowalsky, making no attempt to help him, while Kowalsky was injured and calling for help after the shooting.
Yeager additionally addressed the impact Kowalsky’s murder has had on the community of Pe Ell and the witnesses, which included juveniles, who saw the aftermath of the shooting.
“It’ll probably impact them for the rest of their lives,” she said.
When asked by Blair to formally address Hribar’s belief that she is related to the victim or one of the witnesses in the case, Yeager confirmed Wednesday she has no relations that would conflict with the case and has no family relations in Lewis County.
Hribar’s sentence includes an order for a substance abuse evaluation and treatment. He is additionally required to register as a felony firearm offender. No-contact orders prohibiting Hribar from ever contacting three named members of Kowalsky’s family are in place.
A restitution amount will be decided at a later hearing, which had not been scheduled as of Wednesday afternoon.
There was a brief argument between Blair and state Deputy Prosecutor Scott Jackson at the end of Wednesday’s sentencing hearing over what convictions should be included on Hribar’s formal judgment and sentence document, with Blair objecting to certain prior convictions being included in Hribar’s criminal history.
However, both parties agreed it was “an argument about nothing,” as they both agreed on the criminal offender score that impacts the standard sentencing range.
The court ultimately allowed for convictions that don’t count toward Hribar’s offender score to be removed from the document.
Hribar has filed an appeal in an attempt to overturn his conviction, according to Yeager. The matter will be handled by the state Court of Appeals.
