When the Law Can’t Account for Everything

Car seat

In June 2023, Eina Kwon, a 34-year-old Korean American woman who was eight months pregnant, was shot and killed while sitting in her car at a red light in the Belltown neighborhood of Seattle. She and her husband Sung Kwon were on their way to work at their Japanese restaurant, Aburiya Bento House, when a gunman approached their vehicle and opened fire at random. Eina and her unborn daughter, Evelyn, both died. Sung Kwon survived.

What followed raised questions about how the law defines loss and accountability. Prosecutors did not file a homicide charge for the death of baby Evelyn. Under Washington state law, a homicide charge requires that the victim have been born alive. Prosecutors also cited insufficient evidence that the shooter knew Kwon was pregnant. The decision sparked significant debate and renewed calls for legislation, with some advocates pushing for a law they proposed naming Evelyn’s Law, which would expand legal recognition for unborn victims. The family lost two people. The law acknowledged one.

Both defense and prosecution experts evaluated the defendant and reached the same conclusion: he was legally insane at the time of the shooting. With no disagreement between the experts, the court accepted a not guilty by reason of insanity finding in March 2026. No trial took place. The defendant will be committed to a state psychiatric hospital rather than sent to prison.

His release is far from certain. Any future decision to grant him increased privileges or consider his release would require notification to prosecutors and the King County Superior Court, both of which can object. Cases involving similar findings have resulted in individuals remaining committed since the 1970s. The court retains final authority over any unconditional release.

For the Kwon family, none of that legal architecture changes the reality of what happened on that morning in 2023. A woman, her unborn daughter, and the life they were building were gone in seconds. The legal system processed what it could. The rest is grief.

Laws in place don’t always make sense do they? I’ll leave it at that.