Category Archives: Skagit County Criminal Defense

Parents in Prison

Tips to Support Children When a Parent is in Prison - HealthyChildren.org

A fact sheet from the Sentencing Project gives key facts on parents in prison. It illustrates the policies that impede their ability to care for their children when released from prison. Here’s an overview:

  • In 2016, 47% of people in state prisons and 57% in federal prisons were parents of minor children.
  • Most parents in prison are fathers (626,800 fathers compared to 57,700 mothers).
  • The number of fathers in prison increased 48% and the number of mothers in prison increased 96% between 1991 and 2016.

Also according to the article, 2.7 million children have a parent serving time in prison or jail on any given day, and over 5.2 million have had an incarcerated parent at some point during their lives. Furthermore, the percentage of children who have experienced parental incarceration varies widely state to state, from a low of 3% in New Jersey to a high of 13% in Kentucky.

The prevalence of parental incarceration also varies considerably by race. In 2018, 20% of Native children, 13% of Black children, 6% of Latinx children, and 6% of white children had experienced parental incarceration at some point in their lives.

According to the National Institute of Justice, the impacts of parental incarceration on children bring terribly negative consequences. They include psychological stress, antisocial behavior, academic suspension or expulsion, economic hardship, and criminal activity.

The growth and decline of the number of children with imprisoned parents mirrors the changing incarceration rates of the past few decades. Between 1972 and 2009, the U.S. prison population increased nearly 700%, due to policy changes including long mandatory sentences, the declining use of parole, and more punitive responses to substance use disorders.

The arrest of a parent can be traumatic for many children. As noted in a comprehensive review of research on children with incarcerated parents, the arrest and removal of a mother or father from a child’s life forces that child to confront emotional, social and economic consequences that may trigger behavior problems, poor outcomes in school and a disruption or severance of the relationship with the incarcerated parent that may persist even after the parent is released from prison.

I work hard to reunite families separated by the criminal justice system. Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Rape By Forcible Compulsion

Sexual Assault Laws WA State | Tario & Associates, P.S.

In State v. Gene, the WA Court of Appeals held that for a charge of Rape in the Second Degree by Forcible Compulsion, the force must be directed at overcoming the victim’s resistance. If a victim is unconscious or unable to respond there is no resistance to overcome.

BACKGROUND FACTS

The defendant Mr. Gene and K.M. had a “brother-and-sister-like friendship.” During the summer of 2018, they hung out almost all the time every weekend together with a group of their friends. On the evening of August 29, 2018, Gene and two of his friends, Jesus Montano and Sedrick Hill, went to K.M.’s apartment. K.M.’s friend Rachel Charles was already present. The group used the hot tub in K.M.’s apartment complex, consumed alcohol, and listened to music. At some point during the evening, they went up to K.M.’s apartment and played a drinking game.

Eventually, K.M. began to feel unstable and sick. She went to the bathroom and began vomiting. Still feeling nauseous and dizzy, K.M. went to her bedroom to sleep. K.M. felt uncomfortable and nauseous in her bed, so she took a comforter and slept in a fetal position on the floor. At trial, K.M. testified that Gene sexually assaulted her while she slept on the floor.

Gene was charged with numerous counts of Rape in the Second Degree by Forcible Compulsion. A jury found Gene not guilty of Counts 1 and 3, and guilty of Count 2. Gene appealed his  sole conviction on arguments that insufficient evidence existed to support it.

COURT’S ANALYSIS AND CONCLUSIONS

The WA Court of Appeals began by defining “Forcible compulsion” under the statute.
In short, “Forcible compulsion” means physical force which overcomes resistance, or a threat, express or implied, that places a person in fear of death or physical injury to herself or himself or another person, or in fear that she or he or another person will be kidnapped.

Next the Court interpreted WA’s case law. Quoting State v. McKnight, it said that in order for there to be forcible compulsion, there must have been force that was “directed at overcoming the victim’s resistance and was more than that which is normally required to achieve penetration.” Furthermore, the resistance that forcible compulsion overcomes need not be physical resistance, but it must be reasonable resistance under the circumstances.

“Here, viewing the evidence in the light most favorable to the prosecution, K.M. did not resist the penetration of her vagina by Gene’s penis. K.M.’s testimony, set forth in full above, was that she was unconscious or unable to respond when Gene engaged in sexual contact with her. Because K.M. was unable to respond, she could not resist the penile-vaginal assault and there was no resistance for Gene to overcome.” ~WA Court of Appeals

Accordingly, under these circumstances, no reasonable juror could find beyond a reasonable doubt that Gene resorted to forcible compulsion to engage in penile penetration of K.M.’s vagina. Thus, the evidence was insufficient. With that, the Court of Appeals reversed Gene’s conviction and remanded for further proceedings.

However, the Court of Appeals also mentioned Gene for rape in the second degree by means of engaging in sexual intercourse with a person who is incapable of consent by reason of being physically helpless or mentally incapacitated.

Please contact my office if you, a friend or family member are charged with a sex ofense or any other crime. The Fourteenth Amendment due process clause both requires that
every element of a charged crime be proved beyond a reasonable doubt and
guarantees a defendant the right to a unanimous jury verdict. Hiring an effective and competent defense attorney is the first and best step toward justice.

Pandemic Gun Sales

Coronavirus: US gun sales soar amid Covid-19 pandemic fears - YouTube

Great article in the thetrace.org by reporter Champe Barton discusses new data suggesting a connection between Pandemic gun sales and increased violence.

In March 2020, as the first COVID-19 outbreaks rippled across the U.S., Americans flocked to gun stores. In total, civilians purchased some 19 million firearms over the next nine months — shattering every annual sales record. At the same time, shootings across the country soared, with dozens of cities setting grim records for homicides.

Fresh data from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) provides some of the first evidence that a relationship exists.

ATF data shows that in 2020, police recovered almost twice as many guns with a short “time-to-crime” — in this case, guns recovered within a year of their purchase — than in 2019. Law enforcement officials generally view a short time-to-crime as an indicator that a firearm was purchased with criminal intent. This is because a gun with a narrow window between sale and recovery is less likely to have changed hands. Altogether, more than 87,000 such guns were recovered in 2020, almost double the previous high. And almost 68,000 guns were recovered in 2020 with a time-to-crime of less than seven months. This means they were less likely to have been purchased the previous year.

Put more plainly, thousands of guns purchased in 2020 were almost immediately used in crimes — some as soon as a day after their sale. That was the case of the 9mm Beretta pistol purchased by an Arlington man from Uncle Dan’s Pawn Shop and Jewelry in Dallas, according to police records. Officers seized the gun from its owner during a drug arrest 24 hours later. In another example, a Laredo, Texas, man assaulted his mother, then opened fire on police with his Smith & Wesson M&P 15-22 rifle in July 2020. The gun had been purchased at a Cabela’s in Ammon, Idaho, just three months earlier.

The research shows that immediate booms in access to firearms almost always lead to corresponding spikes in violence.

Dr. Garen Wintemute directs the Violence Prevention Research Program at UC Davis. He wasn’t surprised that the largest increase in access to firearms in history happened alongside a parallel surge in violence.

“It can be difficult or impossible statistically to sort out the contributions that any one of these [phenomena] made” to the rise in violence . . . But the bottom line is, if the prior research holds up and increases in access are associated with increases in violence, we’re in for a very rough time ahead.” ~Dr. Garen Wintemute

Please contact my office if you, a friend or family member face firearm offenses or any other crimes. Hiring an effective and competent defense attorney is the first and best step toward justice.

Racial Disparities & Traffic Stops

Black and Latino drivers are searched based on less evidence and are more  likely to be arrested, Stanford researchers find - Los Angeles Times

Excellent article by Nick Bowman of MyNorthwest.com reports on a new study regarding racial disparities in traffic stops. Apparently, the study provides five years of data on traffic stops made by Washington State Patrol. Ultimately, it gives mixed results.

According to Bowman, the study comes courtesy of researchers at Washington State University. It analyzed over 3.4 million traffic stops, 47,000 calls for service, and 175,000 collisions between January of 2015 and December of 2019.

While it says that it found “no evidence for intentional, agency-level racial bias,” it also showed some disparities in racial demographics most likely to be pulled over, cited, and searched. Over the five-year period it pulled data from, 5.7% of all traffic stops involved a Black driver, despite that demographic making up roughly 4.4% of the state’s population.

The highest rate of racial disparities involving Black drivers was seen in Pierce County, comprising 12.7% of traffic stops despite making up 7.7% of the county’s population. That was followed by King County, where Black motorists — comprising 7% of the county’s population — made up 11.5% of traffic stops.

White drivers made up 74.4% of traffic stops statewide, while comprising 78.5% of Washington’s population. Native American, Asian, Pacific Islander, and Hispanic drivers were stopped by troopers at lower rates compared to their population.

Disproportionate practices were seen among the racial groups most likely to be searched. While Native American, Hispanic, and Black drivers were more likely to be searched than white drivers, so-called “hit rates” — the rate at which searches turned up contraband — were lower among the former group compared to searches of the latter.

“Particularly for Black and Hispanic motorists, searches were less productive (10% difference in contraband found) which may indicate that probable cause standards are lower for searches of these groups,” the study notes.

In terms of traffic citations, “white motorists received the most, but their overall proportion of total citations fell over the five-year period.” Native American and Black drivers were found to be less likely to be cited compared to white drivers, while Asian/Pacific Island and Hispanic drivers were more likely to be cited.

Please review my Search and Seizure Legal Guide. And please contact my office if you, a friend or family member are charged with DUI or any other driving-related crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

 

New Car Tech May Stop DUI

Infrastructure law mandates new technology to prevent drunk driving — here's how it would work - MarketWatch

According to an article in US News, President Biden will sign legislation which has new cars monitor and stop intoxicated drivers. It’s an auto safety mandate aimed at stopping road fatalities included within the $1 trillion infrastructure package.

The technology would roll out in all new vehicles as early as 2026. The Transportation Department must assesses the best form of technology to install in vehicles and give automakers time to comply. For now, the legislation doesn’t specify the technology. It must merely “monitor the performance of a driver of a vehicle to accurately identify whether that driver is impaired.”

In all, about $17 billion is allotted to road safety programs, the biggest increase in such funding in decades.

“It’s monumental,” said Alex Otte, national president of Mothers Against Drunk Driving. Otte called the package the single most important legislation in the group’s history that marks the beginning of the end of drunk driving. “It will virtually eliminate the No. 1 killer on America’s roads,” she said.

Last month, the National Highway Traffic Safety Administration reported an estimated 20,160 people died in traffic collisions in the first half of 2021, the highest first-half total since 2006. The agency has pointed to speeding, impaired driving and not wearing seatbelts during the coronavirus pandemic as factors behind the spike. Each year, around 10,000 people are killed due to alcohol-related crashes in the U.S., making up nearly 30% of all traffic fatalities, according to NHTSA.

THE NEW TECHNOLOGY

According to the article,  the most likely system to prevent drunken driving is infrared cameras that monitor driver behavior. That technology is already being installed by automakers such as General Motors, BMW and Nissan to track driver attentiveness while using partially automated driver-assist systems.

The cameras make sure a driver is watching the road, and they look for signs of drowsiness, loss of consciousness or impairment. If signs are spotted, the cars will warn the driver.  If the behavior persists, the car would turn on its hazard lights, slow down and pull over.

The voluminous bill also requires automakers to install rear-seat reminders to alert parents if a child is left inadvertently in the back seat, a mandate that could begin by 2025 after NHTSA completes its rulemaking on the issue. Since 1990, about 1,000 children have died from vehicular heatstroke after the highest total in a single year was 54 in 2018, according to Kidsandcars.org.

My opinion? This is an interesting development. is the technology reliable? There’s certainly good argument  over whether the technology could backfire, or prove ineffective in detecting impairment. Is your car searching you by passively monitoring your physical condition? Clearly, there’s Fourth Amendment Search and Seizure issues, involved in this too.

Please contact my office if you, a friend or family member are charged with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Thanksgiving DUI Patrols

Hosting Thanksgiving? Grocery bill could have you counting your pennies |  WNCT

Thanksgiving Weekend DUI Patrols

The Washington State Patrol (WSP)  issued a press release stating that DUI emphasis patrols are now happening in Pullman as WSU students travel this Thanksgiving holiday.

According to the press release, troopers in Spokane, Whitman, Adams, Grant and Kittitas counties will be focusing on speeding to include driving too fast for conditions, distracted/impaired driving and other collision-causing violations during the emphasis. Motorists traveling to and from WSU will see an increased WSP presence on State Routes 26 & 195 as well as Interstate 90 over Snoqualmie Pass.

“We encourage travelers to pay close attention to posted speed limits and to be prepared for changing road and weather/winter driving conditions,” said the press release. “You can find current road and weather conditions on all state highways by going to the website or mobile apps provided by the Washington State Department of Transportation (WSDOT).”

Thanksgiving Day Holiday Period Estimate for 2021

According to the National Safety Council (NSC), 515 people may die on U.S. roads this Thanksgiving holiday period. If this estimate holds true, Thanksgiving 2021 will experience the most deaths since 2007. Holidays are traditionally a time of travel for families across the United States. Many choose car travel, which has the highest fatality rate of any major form of transportation based on fatalities per passenger mile. Holidays are also often cause for celebrations involving alcohol consumption, a major contributing factor to motor-vehicle crashes. Because of the unprecedented impact COVID-19 is having on social activities, the uncertainty of this year’s estimate is increased. 

Please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Give Them An Inch . . .

GIVE AN INCH THEY'LL TAKE A MILE - GOSPELDADS

In State v. Boman, the WA Supreme Court held that a cell phone owner who gave consent for police to search text messages also gave police the authority to use his phone to set up a “ruse” drug bust sting. The subsequent police ruse using lawfully obtained information does not constitute a privacy invasion or trespass in violation of either our state constitution or the United States Constitution.

BACKGROUND FACTS

A Department of Homeland Security (DHS) agent sent a series of text messages to Mr. Bowman. The DHS agent claimed to be someone named Mike Schabell, a person to whom Bowman had sold methamphetamine earlier that day, and indicated he wanted to buy more drugs. The ruse led to charges of possession of methamphetamine with intent to deliver.

The trial court denied his motion to suppress the drugs and drug paraphernalia on his person and in his vehicle. At trial, Mr. Bowman was found guilty.

On Appeal, the WA Court of Appeals reversed Bowman’s conviction. The Court reasoned that the DHS Agent (1) disrupted Mr. Bowman’s private affairs and (2) was not acting under authority of law. With that, the Court of Appeals reversed Mr. Bowman’s conviction.

WA SUPREME COURT’S ANALYSIS & CONCLUSIONS

However, the WA Supreme Court found that police did not violate Mr. Bowman’s constitutional rights. The Court reasoned that under State v. Hinton, Bowman did indeed have a privacy interest in the text messages he sent to a third party’s device. That said, Schabell’s consent to search his phone gave police the necessary authority of law to view the text message conversation. Furthermore, police did not commit an unconstitutional trespass by sending text messages to Bowman’s cell phone as part of a ruse.

“Consistent with long-standing precedent, we hold that a cell phone owner’s voluntary consent to search text messages on their phone provides law enforcement with the authority of law necessary to justify intruding on an otherwise private affair. We also hold that a subsequent police ruse using lawfully obtained information does not constitute a privacy invasion or trespass in violation of either our state constitution or the United States Constitution.” ~WA Supreme Court

“That he misunderstood the identity of the person he was texting does not transform the
unsolicited incoming message into an unconstitutional trespass,” said the WA Supreme Court. “The risk of being betrayed by an informer or deceived as to the identity of one with whom one deals is probably inherent in the conditions of human society.”

With that, the WA Supreme Court reversed the Court of Appeals and reinstated Bowman’s conviction.

My opinion? This issue, and many other related issues, will likely require further consideration if such investigatory tactics continue to be used in Washington. Please review my Search and Seizure guide and contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Mapped: Countries by Alcohol Consumption Per Capita

Beautiful Maps on Twitter: "This fascinating map reveals exactly how much # alcohol is consumed in each #country around the #world  https://t.co/5Htqs5p6H4 @TheSun https://t.co/VnABzAmZ6s" / Twitter

Great article in Visual Capitalist by Omri Wallach describes the phenomenon of world-wide alcohol consumption. Alcohol might be one of the oldest and most frequently used recreational substances in the world, but examining countries by alcohol consumption shows that usage is not equal.

Consumption levels, and types of alcohol consumed, vary widely based on location. Furthermore, the availability of fruits and grains used in alcohol production impacts which drinks are more commonly consumed, as does the predominant culture. Some cultures see alcohol consumption as a pleasurable experience, while others see intoxication as a sin.

There’s also the question of economics and availability. It’s strange, but in some regions of the world, industrially mass-produced alcohol can flood markets and become cheaper than other beverages, including water.

When we map alcohol consumption by capita, and by different types of alcohol, these local and cultural stories come to light. The above maps use recorded consumption data from WHO for 2019, in liters of pure alcohol.

EUROPE LEADS IN PER CAPITA ALCOHOL CONSUMPTION

The top 10 countries by alcohol consumption highlight the prominence of alcoholic beverages in European culture.

Eight of the 10 countries with the top alcohol consumption per capita were in Europe. Primarily, they were Eastern and Central European countries, including #2 Latvia, #3 Czech Republic, #4 Lithuania, and #5 Austria.

But the crown of alcohol consumption per capita goes to the Cook Islands, which leads the world with an annual per capita consumption of 13L (3.4 gallons) of alcohol.

Per capita consumption of alcohol also highlights clear regional preferences in amount and type, or a lack of interest.

The biggest consumers of alcohol are countries in Central Europe, the South Pacific, and parts of the Caribbean. In Europe, beer and wine are kings, with most of the top consumers also being top producers such as France and Germany.

Spirits like rum, meanwhile, are dominant in the Cook Islands and much of the Caribbean, which has four of the 12 top spirit consumers. The others are mainly in Eastern Europe and Russia, which get most of their alcohol consumption from vodka.

Please contact my office if you, a friend or family member are charged with with DUI or any other crime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Washington Rated 8th Worst State for Auto Theft

Whatcom law enforcement seeing increase in vehicle thefts | Bellingham Herald

Informative article from King 5 News says auto theft increased by nearly 10% in 2020 compared to 2019.

According to the latest National Insurance Crime Bureau’s (NICB) Hot Spots Report, auto thefts increased from 34,172 vehicles in 2019 to 37,465 in 2020, the report found. NICB said, “The auto theft rate, which measures the number of vehicles stolen per 100,000 residents, also increased in Washington in 2020, from 331.06 to 368.46 – the nation’s 8th highest theft rate.”

According to the article, the annual report showed an increase in auto thefts across the entire country. NICB said that vehicle theft is fairly widespread, and the crime increased significantly during the COVID-19 pandemic. In the U.S., a car is stolen every 36 seconds. That makes it the most common property crime, according to the FBI, costing citizens about $6 billion in 2019.

The Washington Association of Sheriffs and Police Chiefs (WASPC) says that property crime is the most common type of crime reported in the state, representing 73.7% of all reported offenses.

Some easy ways to prevent someone from stealing your vehicle in addition to locking your car include parking in a well-lit area, getting an audible alarm, using a smart key and getting a GPS tracker in your car.

According to the article, Vehicle Theft wasn’t the only crime Washington saw go up in 2020. Murder increased 50% and property crimes increased by 13.8%, according to a crime report by the WASPC. Washington, D.C. took the top spot for worst vehicle theft rate with near 563 thefts per 100,000 residents, an increase of 40% from 2019 to 2020. The nation’s capital was followed by Colorado, California, Missouri and New Mexico.

Vehicle Theft crimes are serious. Penalties will depend on the nature of the theft. It could range from a lesser crime, or misdemeanor, to a felony. Felonies have varying degrees of seriousness, with accordingly varying degrees of punishment. Felonies are generally punished by incarceration, and so may be more serious misdemeanors. Fines are likely also involved for someone convicted of vehicle theft.

The amount of both the fine and jail time are based on a number of factors, including:

  • How much the car was worth;
  • Whether someone occupied the vehicle at the time of the theft;
  • Whether the thief used a weapon in committing the crime;
  • Whether anyone was hurt during the act of the theft of vehicle; and
  • Whether the accused thief has been convicted of previous crimes.

Please contact my office if you, a friend or family member are charged with auto theft or any othercrime. Hiring an effective and competent defense attorney is the first and best step toward justice.

Ban Low-Level Traffic Stops

Inside 100 million police traffic stops: New evidence of racial bias

Great article in NPR by Jonaki Mehta says Philadelphia’s new Driving Equity Act bars police officers from pulling over drivers for minor traffic violations. This is done to close racial disparities in traffic stops.

Last Wednesday, Mayor Jim Kenney signed the Driving Equity Act, making Philadelphia the first major city in the U.S. to ban low-level traffic stops. The law, which also requires city police to gather and publicly release data on traffic stops, goes into effect early next year.

A bevy of studies show that Black drivers get pulled over for low-level infractions more often than other drivers in the United States. Civil rights groups often decry such stops as “pretextual” — as cover for racial profiling or fishing for more serious crimes.

The 2016 police killing of Philando Castile, a Black man pulled over in the Minneapolis-St. Paul area for a missing taillight, drew national attention to the enforcement of low-level traffic stops.

The new legislation bans stops for:

  • Driving with a single broken brake light
  • Driving with a single headlight
  • Having a registration plate that’s not clearly displayed, fastened, or visible
  • Driving without an inspection or emissions sticker
  • Bumper issues
  • Minor obstructions (like something hanging from a rearview mirror)
  • Driving without vehicle registration within 60 days of the observed infraction

While these low-level offenses will no longer lead to interactions between police and drivers, such infractions will still result in a ticket that is either left on the driver’s windshield or mailed.

According to the article, other state and local governments have introduced similar legislation. The state of Virginia enacted a law in March which includes a ban on stopping and searching drivers for reasons including defective taillights, loud exhaust or the smell of marijuana.

The city of Minneapolis, near where Philando Castile was stopped and killed, has implemented a policy change to scale back on such police stops.

My opinion? Philadelphia’s new Driving Equity Act is courageous legislation. Studies show that black and Latino drivers are more likely to be pulled over and have their vehicles searched by police. Fortunately, any evidence derived from unlawful searches can be suppressed. For more information, please review my Legal Guide on Search and Seizure. And please contact my office if you, a friend or family member are charged with a crime. Hiring an effective and competent defense attorney is the first and best step toward justice.