Marlatt sentenced for shooting


Family members of victim give statements

by: SUBMITTED PHOTO - Montana MarlattAbout 75 people packed the Jefferson County District Court courtroom on Tuesday morning to hear Montana Silk Marlatt, 25, enter guilty pleas to separate charges of first-degree manslaughter and unlawful use of a weapon against another.

Judge Annette Hillman sentenced Marlatt to 23 years in the custody of the Oregon Department of Corrections, with no time off for time served or good behavior.

The pleas were in connection to the April 28, 2013, shooting death of Devon Moschetti, 19. On that day, Moschetti, along with two 19-year-old friends, spotted Marlatt, the older brother of one of the friends, waiting for a bus at Circle K, and invited him to go rabbit hunting with them.

Marlatt went with them to the shooting area on the Crooked River National Grassland, at the end of South Adams Drive, about seven miles south of Madras, and hiked up a hill while the three others took turns shooting two shotguns and a handgun.

When Marlatt returned, he used one of the shotguns to shoot Moschetti in the chest and in the face, with no explanation.

Even after being presented with the details of the day, District Attorney Steve Leriche told the court, "We really don't know what happened."

After shooting Moschetti, Marlatt turned the gun toward his brother, who had a pistol. Marlatt then dropped the shotgun and fled, but was located and taken into custody around 2 p.m. The unlawful use of a weapon charge was a result of pointing the weapon at his brother.

Tests showed that at the time of the shooting, Marlatt had four different controlled substances in his system: methamphetamine, hydrocodone, dihydrocodeine, and THC, Leriche said.

"We do know the defendant, the day before, was in a drug-induced stupor," said Leriche, noting that Prineville police took him to Prineville Memorial Hospital, but he was later released.

by: FILE PHOTO - Amy Moschetti spoke about the impact of the loss of her brother, Devon Moschetti, at the sentencing. Before the sentence was handed down, Leriche read letters from the victim's family. Amy Moschetti, who was 18 months older than her brother, said that her brother was "my other half, the best part I'll have in this world."

"He just wanted to make sure everyone around him was happy," she said.

When he was a senior in high school, he moved in with her, graduated in 2012, and then started college in the fall. She said that she always felt that if they had each other, they'd be OK. "Now what am I supposed to do?" she asked.

His grandmother, Flora Moschetti, said that he moved in with her when he was 15, always helped out with housework, loved people and gave out hugs. "He wanted to go far," she said.

Others commented on Devon Moschetti's kindness and good nature, and wondered why Marlatt had never shown any remorse.

Marlatt's attorney Thomas Spear said that initially, Marlatt was nonresponsive, but after he was taken to the hospital and released, "He was extremely sorry. The events of that day haunt him."

When the family, prosecutor and attorney had all spoken, Marlatt, who wore a bullet-proof vest and had long hair at the sentencing, turned to the family and said, "I'm sorry."

Judge Hillman told Marlatt that there was no excuse for what happened on April 28, 2013, and expressed condolences to the family. "There's no sentence this court can impose that will bring closure to the family," she said.

In addition to the 20-year sentence, Marlatt must also pay restitution of $5,603.89.