Brandi Kruse
Politics • Culture • News
Judge ignores deal, sentences Josh Ellis to 15 years
Ellis faced just 10 years in prison for murdering his ex-girlfriend Wendi Traynor
December 01, 2023
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Wendi Traynor's parents speak with members of the media after her killer was sentenced in Pierce County Superior Court.
 

A Pierce County judge rejected the terms of a lenient plea deal for confessed killer Joshua Ellis, instead sentencing him on Friday to 15 years in prison and three years of supervised release. 

"Mr. Ellis has destroyed a life. He's traumatized a family ... it is damage that will ripple for generations," Judge André M. Peñalver said, fighting back tears.

Peñalver said a recommended sentence of just over 10 years was "not sufficient" to account for Ellis' decision to murder his ex-girlfriend inside her Milton apartment in 2017. 

"I must also consider the punitive purpose of sentencing, to impose a sentence that reflects the seriousness of the offense – which is the murder of Wendi Traynor."

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The sentence marks the end to a long and, at times, emotionally devastating legal saga for Wendi's family and friends – one that raises larger questions about the state of Washington's criminal justice system and how attitudes around race and equity are inserting themselves into every aspect of the accountability process. 

In 2019, a jury convicted Ellis of shooting and killing Wendi Traynor, not long after the two ended their relationship. Wendi had only recently returned to Washington state from Kentucky, where she moved with Ellis so he could be closer to his family. It is unclear whether Ellis followed her back in hopes of reconciling, or with the intent to take her life.

After his first trial ended in a conviction for second-degree murder, Judge James Orlando sentenced Ellis to more than 20 years in prison – the maximum allowed by law.

“The autopsy pictures from Wendi's case will haunt me,” Judge Orlando told Ellis. “You didn't do anything that deserves anything other than the high end.”

But justice for Wendi was short lived. 

Ellis' conviction was later thrown out by the Washington State Court of Appeals, which cited prosecutorial misconduct during jury selection. Rather than take the case back to trial, prosecutors reached a deal with Ellis' defense team. In exchange for pleading guilty, Ellis would avoid a 60-month firearm enhancement and get the lowest sentence allowed under state guidelines. 

Wendi's family felt blindsided by the deal, which Pierce County prosecutors did not consult them about beforehand.

Read our previous coverage of this case here.

During Friday's hearing, Wendi's family members pleaded with Judge Peñalver to set the terms of the deal aside in the interest of justice. Under Washington state law, judges have ultimate discretion at sentencing – and are not bound by deals or recommendations brought before the court. 

For her part, public defender Mary K. High urged the court to accept the terms of the deal. She presented the court with several witnesses who testified that they would support Ellis following release. High also revisited arguments made in a pre-sentencing memorandum, suggesting Ellis' skin color should be taken into consideration. 

"Offender race has led to the correlation in our judicial systems that we place more value on the lives of whites, resulting in disproportionally harsh treatment of black offenders who have white victims," she said. 

Ellis is black. Wendi was white. 

Judge Peñalver, who has personally advocated for criminal justice reform, said race plays a role in his job as a jurist – but not in the way the defense argument might suggest.

"While it is frustrating to have to address race, I do think it is a necessary exercise," he said during the hearing. "It is important to address racism when it arises so we can dispose of it and then turn our focus to the case at hand."

unDivided published an op-ed in the Tacoma News Tribune ahead of Friday's hearing, advocating against the defense’s arguments. You can read it here

Ultimately, Peñalver's sentence fell far short of the 280 months Ellis received in 2019. Still, it is a five-year increase from the plea deal and a small, but welcome victory for Wendi's family. 

"I'm happy with the outcome," Wendi's mother, Tammi Anderson Black, said after sentencing. "But it's never going to be enough, not for the entire life of a young woman."

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They can try to destroy my reputation. It still won't put them on the right side of history.
 

This week, progressive political strategists launched an effort to undermine my support of citizen initiatives – arguing that my opinions are no longer protected by the First Amendment and should therefore be regulated by the state.

You read that correctly.

In a 24-page complaint to the Washington State Public Disclosure Commission, an obscure organization that styles itself as Washingtonians for Ethical Government called for an immediate investigation into my public support of two voter initiatives that will appear on the ballot in November – one to protect girls' sports, the other to restore parental rights.

Kruse is possibly the most prolific of political content creators in Washington, and her promotions of Let’s Go Washington’s initiatives do not qualify as editorial content. Kruse is not an impartial journalist or just an opinionated member of the public; she is a commercial advertiser with multiple advertisers. Although Kruse was once employed as a reporter by bonafide news outlets, she is no longer commonly considered as a journalist in Washington State and was recently denied press credentials by the Washington State Capitol Correspondents Association, a decision that was upheld by both state and federal courts.

Their argument goes something like this:

  • I host a podcast.

  • My podcast sells spots to advertisers.

  • I endorse products for said advertisers.

  • Therefore, my endorsements have value.

  • Therefore, my political endorsements have value.

  • Therefore, any political endorsements I make must be reported to the Public Disclosure Commission as “in-kind” donations.

There are several factual inaccuracies with the complaint, like the assertion that state and federal courts have determined I’m not a journalist. That is false. While a federal judge declined an emergency motion to have my press pass reinstated in the final days of the 2026 legislative session, our case is ongoing and only in the early stages. I am confident we will prevail.

There are also several legal issues with the complaint, not the least of which is a pesky little thing called the First Amendment to the U.S. Constitution.

But don’t be fooled – the goal of the complaint isn’t for it to stick. The goal is to harm my reputation in the court of public opinion.

Still, for the sake of posterity, it’s worth noting a few things:

The government cannot assign a numerical value to my political speech. Such an act would be extraordinary and without precedent in the history of the United States.

I have never received anything of monetary value to support or oppose any political candidate, initiative, or issue. Quite the contrary. I have given untold hours, made personal donations, and driven tens of thousands of miles around the state to lend my voice to issues and people I believe in.

I have the right to charge advertisers for endorsements, or to provide endorsements free of charge if I wish. And I have. In the years following the pandemic, I featured local small businesses on my show free of charge – and gave them attention on social media, urging followers to support businesses that were struggling to recover from government-imposed lockdowns. I also did this in 2020 while still employed as a news reporter at FOX 13 in Seattle, running a weekly segment on my political show called “Small Business Sunday.”

Providing paid endorsements of products is a common practice in broadcasting and has been for decades. Many of our current advertisers were once endorsed on the radio by the late Dori Monson. Several local radio hosts who endorse products on air have also made public statements about their support of current voter initiatives. Ari Hoffman of KVI and John Curley of KIRO Radio not only endorse products but have stood alongside me in support of girls and parents.

If the Public Disclosure Commission were to rule that my speech must be regulated, it would also have to start regulating the speech of dozens of mainstream radio hosts – and perhaps even the Editorial Board of the Seattle Times.

Beyond that, this issue is settled law in Washington.

The Washington State Supreme Court ruled in 2007 that endorsements from talk show hosts do not constitute in-kind contributions.

At the time, radio hosts John Carlson and Kirby Wilbur were organizing and promoting Initiative 912, aimed at stopping an incremental increase in the gas tax.

'The mere fact that a broadcast has value to a campaign, or includes solicitation of funds, votes, or other support, does not convert commentary into advertising when it occurs during the content portion of a broadcast for which payment is not normally required,' Justice Barbara Madsen wrote for the court.

But again, the point of the complaint is not to upend existing law or get the government to throw the First Amendment to the wind.

The progressive political strategists behind the stunt, Powerhouse Strategic, is the firm used by opponents of the Let’s Go Washington initiatives.

Few news outlets that covered Tuesday’s press release saw fit to mention this connection. Why? It’s not as if it’s a secret. Kristin Hyde, a communications specialist with Powerhouse Strategic, sent the release out with her name and contact information on it.

Powerhouse not only brought previous PDC complaints against Let’s Go Washington, but it also represents the Washington State Democratic Party, as well as two of the largest unions bankrolling the anti-initiative campaigns: SEIU and the Washington Education Association.

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Still, The Seattle Times characterized Washingtonians for Ethical Government (WFEG) only as a “campaign finance watchdog.”

Even if it were a legitimate watchdog group and not a cover for deeply partisan operatives, in the past 10 years it’s only ever questioned the “ethics” of conservatives.

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In case there was any doubt, I fully intend to continue my work fighting for what I truly believe is the women’s rights issue of our generation: the erasure of girls at the hands of ideologues.

After all, I was fighting this issue long before Let’s Go Washington decided to run initiatives to change state law. In fact, it was through episodes of unDivided that LGW met two of the teen athletes – Ahnaleigh Wilson and Frances Staudt – who would go on to become important voices in the campaign to protect female athletes. I like to think our coverage of the issue is a big reason why voters will get a say in November. I am very proud of that.

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Me with Frances Staudt (left) and Ahnaleigh Wilson (right) at a signature gathering event in Issaquah, Washington.

I will also keep fighting for parental rights, as I was before LGW started collecting signatures for a parental bill of rights. My advocacy on this issue goes back to 2023, when I helped a rag-tag group of citizens collect signatures to try to run a referendum on Senate Bill 5599. The law allows children to be hidden from parents if they don’t think their family approves of their gender identity. I was protested, threatened, and called a transphobe. All the usual stuff. The referendum fell short, but my motivation to help parents keep their families together only grew.

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Protesters greet us outside a coffee shop in Lacey, Washington, where we were collecting signatures to repeal SB 5599.

As I said on my show this week: They can try to bankrupt my business. They can try to destroy my reputation. They can even try to kill me. None of it puts them on the right side of history.

So, we fight on. What other choice is there?

 

 

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