Tag Archives: Mt. Vernon Criminal Defense Attorney

Gasoline Theft

Bellingham Defense Attorney, Gas Theft, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Theft of Motor Vehicle, Vehicle Prowl, Whatcom County Criminal Defense, , , , ,

This Kamloops mechanic has seen a rise in drilled gas tanks, then it happened to him | iNFOnews | Thompson-Okanagan's News Source

King5.com reports that local police departments are warning residents of a potential increase in gas thefts.

In Everett alone, at least seven gas thefts have been reported in the past six months. Some gas thieves are using rubber hoses to siphon the fuel out while others are using power tools to drill holes in gas tanks. Residents are advised to park their vehicles in well-lit areas or in garages to deter thieves.

Other communities in western Washington are also reporting gas theft. In Lacey, a suspect was seen siphoning gas out of a minivan on surveillance video. This took place at the Lacey Veterans Service HUB, according to the Lacey Police Department.

Gas prices hit an average of $4.79 Wednesday in the Seattle-Bellevue-Everett area and an average of $4.63 statewide, according to AAA. Nationally, a gallon of gas costs about $4.25 according to data from AAA. This is the highest price it’s been since 2014, as the country was pulling out of the 2008 recession.

“This is a sign of the times, you know . . . It’s thieves looking for ways that they can make money by stealing what is becoming an increasingly more expensive and valuable commodity, gasoline.” ~Doug Shupe, Corporate Communications Manager, AAA

The surge in price is being spurred on partially by high demand as the country begins to return to normal after the omicron surge of COVID-19, global oil instability thanks to the Russian invasion of Ukraine, and renewed worries about domestic production after President Joe Biden announced a total ban on Russian energy imports as punishment for the invasion.

Theft of gas poses serious danger risks. Interfering with gas pipes or gas meters is a dangerous crime, putting personal safety on the line and the safety of other people and neighboring properties. Gas theft can also carry hefty repercussions for those found guilty.

Gasoline theft is a type of theft where the criminal steals gasoline from another without paying market value for it. Gasoline theft is more common when oil prices rise. It typically occurs in one of two ways: pump and run and siphoning.

Pump and runs occur when the criminal pumps gas at a gas station and leaves without paying. Most gas stations require payment prior to pumping, so this type of gas theft is no longer very common.

Siphoning is a method of stealing gas from someone’s car. The perpetrator siphons off the gas by sticking a hose into another car’s gas tank and sucking the gas out. The thief siphons the gas into their gas can. Gas is usually siphoned from parked cars.

For a criminal to be found guilty of gas theft, three elements must be proven:

  1. The defendant knowingly took the gasoline;
  2. The gasoline belonged to another person or entity (such as a gas station); and,
  3. The defendant intended to deprive the owner of its use.

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

Auto Dealership Burglaries Are On the Rise

Bellingham Defense Attorney, Burglary, felony, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

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Apparently, auto dealers and repair shops are increasingly becoming a target of burglars around the Puget Sound region. Car thieves have become more brazen and aggressive in their attempts to profit from auto dealerships, whether stealing whole cars or stripping them of valuable parts.

Journalist Nicole Jennings reports that Western Washington burglars are reportedly breaking into dealerships and mechanics’ shops, often by ramming their cars into service entrances. Also, journalist Sebastian Robertson reported that a car dealership in Fife has suffered multiple break-ins. In one case, suspects made off with several sets of keys, only to return days later.

The object of the burglary usually appears to be the keys to the cars on site — either the dealership’s own cars or the keys that people drop off when having their cars worked on. The criminals steal the cars at the time of the burglary, or return later for them. This recently happened at Nissan of Olympia, when burglars rammed a car into the service entrance to get in.

The Puget Sound Auto Theft Task Force, made up of police officers from different agencies, is putting a special emphasis toward catching the burglars. PSATT is dedicated to investigating prolific auto theft offenders through multi-agency cooperation. The task force is recommending that auto dealers and repair shops put any keys dropped off after hours in a safe or similar secure storage system, so they could not be easily accessed by trespassers. The task force also suggests upgrading video systems and keeping parking lots well-lit.

Here are the Top 10 Burglary Statistics is 2022 according to Bankrate.com:

  1. Over 1 million burglaries are committed each year in the US, according to the FBI.
  2. Most recently, 1.1 million burglaries took place in 2019, down 9.5% since the previous year.
  3. One burglary happens every 25.7 seconds, so approximately 3,300 per day.
  4. The average value of property taken during burglaries is about $2,600, making the total cost of burglaries in 2019 about $2.9 billion.
  5. Burglars are drawn to homes that do not have home security systems. Homes that don’t have a security system are 300% more likely to be burglarized (Alarms.org).
  6. Unfortunately, less than 30% of homes have an effective security system installed (Security.org).
  7. 27% of the time, a person is home while the burglary occurs; 26% of those people home are harmed.
  8. Someone was injured in 7.2% of all burglaries committed.
  9. In 85% of burglaries, the crime is committed by amateurs, often done by someone who is desperate. It is assumed these amateurs are more unpredictable and dangerous than professional thieves.
  10. Despite the grim statistics burglaries have declined by 49% in the last 20 years, according to FBI data.

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

Crime Rate Increases in Whatcom County

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Sheriff's Captain describes Encinitas' mid-year crime statistics as misleading - The Coast News Group

Great reporting from the Herald by Robert Mittendorf discusses rising crime rates in Whatcom County.

According to Mittendorf – who took comments from Whatcom County Sheriff Bill Elfo – Whatcom County is also seeing a temporary shortage of deputies. As a result the agency is taking on extra work because of staffing shortages at other police agencies.

Apparently, Elfo said that Washington state accountability legislation aimed at law enforcement agencies that was enacted in 2021 was prompting officers to leave the state. Elfo made these comments on Tuesday, Feb. 22, after he briefed the Whatcom County Council’s Criminal Justice and Public Safety Committee about a recent shooting that left two deputies wounded. “Another fallout we are seeing is some good officers in Washington  are leaving the profession and moving on to other states,” Elfo said.

“We are working on backfilling these positions as quickly as possible without compromising hiring standards, but there are inherent delays in the selection and training program,” Elfo said. Training can take months, even for “lateral hires” who are experienced peace officers, he said.

A State Patrol statement in October 2021 said that  74 officers “separated” from the department because of Gov. Jay Inslee’s COVID-19 vaccination mandate.

Elfo offered a list of “index crimes” and cited statistics showing the rapid rise in crime over a six-month period.

▪ Burglaries up 71%, from 125 to 198.

▪ Robberies up 700%, from 0 to 7.

▪ Theft up 34%, from 202 to 272.

▪ Car Theft up 112%, from 53 to 111.

“The situation in Whatcom County mirrors trends that are being seen statewide with regard to more crime,” Elfo said.

My opinion? Mittendorf and Elfo’s comments are correct. Undoubtedly, many police officers simply don’t want to get vaccinated. And in lieu of Black Lives Matter protests, there’s a popular refrain echoing through urban police precincts, rural sheriff’s offices and city halls everywhere in between: Officers are fleeing America’s police forces in big numbers, officials say. And the timing couldn’t be worse, amid a rise in murders and shootings. Many argue cities must hire more police, but against the backdrop of nationwide scrutiny of police killings, morale has dropped to the point that few people want to be officers.

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.

Animal Cruelty Can Be DV

Animal Abuse, Bellingham Defense Attorney, Domestic Violence, felony, Mount Vernon Criminal Defense Attorney, Sentencing, Skagit County Criminal Defense, Washington Supreme Court, Whatcom County Criminal Defense, , , , ,

Animal Cruelty and Domestic Violence - The Link Between Cruelty to Animals and Violence Toward Humans

In State v. Abdi-Issa, the WA Supreme Court held that Animal Cruelty may be designated
as a crime of Domestic Violence.

BACKGROUND FACTS

Ms. Fairbanks began dating Mr. Abdi-Issa shortly after she moved to Seattle with her dog, Mona. Mona was a small Chihuahua and Dachshund mix. Fairbanks testified she was close to Mona. Abdi-Issa, however, had a history of disliking Mona. Abdi-Issa was abusive toward Fairbanks and Mona, even threatening to kill them both.

One evening, while they were out in Seattle’s International District, Abdi-Issa insisted Fairbanks let him take Mona on a walk. Fairbanks objected, but Abdi-Issa ignored her and left with Mona. Not long after he left, Abdi-Issa called Fairbanks claiming that Mona had gotten out of her harness and that he could not find her. Fairbanks did not believe him, as Mona had never gotten out of her harness before. Abdi-Issa refused to tell her more. Fairbanks began to panic after she heard Mona yelping over the phone.

Around that same time, bystanders heard a sound of great distress. One of the bystanders was Ms. Ludin. She followed the sound and saw Abdi-Issa beating and making “brutal stabbing” motions toward Mona. She also saw Abdi-Issa kick Mona so hard that she went up into the air and into the bushes. Each time Mona was struck she made a screeching, screaming, pained, sound that was at last followed by silence.

Seattle Police Officers responded to the 911 call. Mona was found, still alive, underneath a bush. Officers transported Mona to an emergency veterinary clinic. Mona arrived at the clinic nearly comatose. She had severe swelling in her brain, bruising on her chest, and a wound to the top of her head. By the time Fairbanks arrived at the veterinary clinic Mona had died. A necropsy found that Mona had died from multiple instances of blunt force trauma.

The State charged Abdi-Issa with First Degree Animal Cruelty and sought a domestic violence designation. The State also charged two sentencing aggravators: (1) that the crime had a destructive and foreseeable impact on persons other than the victim, and (2) that Abdi-Issa’s conduct during the crime of domestic violence manifested deliberate cruelty or intimidation of the victim. Abdi-Issa unsuccessfully moved to dismiss the domestic violence designation and aggravators multiple times.

The jury found Abdi-Issa guilty of animal cruelty. The jury also found that Abdi-Issa and Fairbanks were in a domestic relationship prior to the crime. This allowed for a domestic violence designation.

The court imposed the maximum 12-month sentence for the crime of animal cruelty, and an additional 6 months for the aggravator, sentencing Abdi-Issa to an 18-month prison sentence. Based on the domestic violence designation, the court also imposed a no-contact order prohibiting Abdi-Issa from having contact with Fairbanks.

However,  the Court of Appeals vacated the domestic violence designation, the no-contact order, and the sentencing aggravator. The State appealed. The WA Supreme Court granted review and addressed the State’s appeal.

COURT’S ANALYSIS AND CONCLUSIONS

1. Animal Cruelty as a Crime of Domestic Violence

First, the WA Supreme Court decided that Animal Cruelty may be designated a crime of domestic violence. At first, the Court said Abdi-Issa correctly argued that Animal Cruelty is not a designated DV crime.

“But the list of crimes is explicitly nonexclusive,” wrote Justice Gonzalez. The court further reasoned that many of the designated DV crimes, including Burglary and Malicious Mischief, are against a victim’s property.

“Pets, as a matter of law, are considered personal property. Here, Fairbanks was directly harmed as a result of Abdi-Issa’s violent killing of her beloved pet and companion. She is plainly a victim of Abdi-Issa’s crime.” ~Justice Steven C. Gonzalez, WA Supreme Court

2. Sentencing Aggravator—Impact on Others

Next, the Court addressed whether the “Impact on Others” sentencing aggravator was appropriate. Here, defendants face increased consequences if the offense involves a “destructive and foreseeable impact on persons other than the victim.” Justice Gonzalez emphasized how Ms. Ludin, the bystander who witnessed the attack on Mona, was deeply affected by the incident.

“Ludin made the 911 call and was very distressed when the police arrived. Ludin testified that she had a severe panic attack that night, sitting in her car for a long time before she was calm enough to drive herself home. She continued to have flashbacks, had trouble sleeping, and would go into a state of panic whenever she heard a ‘high pitched, squeaky sound.’ Abdi-Issa’s act had a destructive and foreseeable impact on Ludin.

Abdi-Issa’s actions impacted someone other than Fairbanks. This emotional and psychological trauma will be something that Ludin and Fairbanks continue to carry. The sentencing aggravator was properly applied in this case.” ~Justice Steven C. Gonzalez, WA Supreme Court

Consequently, the Court held that Animal Cruelty can be designated as a DV crime and that the sentencing aggravators were appropriate.

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

Protecting Pot Shops

Bellingham Defense Attorney, Drug Court, felony, Legislation, Mount Vernon Criminal Defense Attorney, Robbery, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

Brazen Weed Dispensary Robbery Happened At 4:20 AM | NowThis - YouTube

Great article from King 5 discusses the Washington Senate passing a pot shop protection bill.

Senate Bill 5927 adds a year to a prison sentence of someone convicted of first- or second-degree robbery of a cannabis retailer. It’s the same sentence that is given to someone who robs a pharmacy.

The passage of the bill in the Senate follows rising concerns over violent robberies at cannabis shops. This bill would make improvements for not just the benefit of the retailers themselves, but for the public safety of the community as a whole.

“When people would ask the infamous bank robber Willie Sutton why he robbed banks, Sutton simply replied, ‘Because that’s where the money is.’ Well, that’s why people rob marijuana retailers. Due to federal banking rules, these businesses are almost entirely cash-only operations, making them a target for robberies and a magnet for criminals.” ~Bill sponsor Sen. Jim Honeyford (R-Sunnyside)

Tom Bout, the founder of the Cannabis Professionals Network, made a spreadsheet tracking the crimes he could find records for. He counted more than 30 crimes since November 2021.

A spokesperson for the Washington State Liquor and Cannabis Board said it has been working to communicate safety guidelines with business owners.

The state Liquor and Cannabis Board said it is communicating these safety tips with cannabis retailers:

  • Hire armed security guards
  • Make frequent cash deposits so there isn’t much cash available in shops
  • Post signs in businesses explaining that staff don’t have access to much cash
  • Clearly communicate safety guidelines with staff so they know what to do in the event of a robbery.

Bout said the Washington State Liquor and Cannabis Board is not doing enough to protect cannabis retailers.

“They have not communicated with the stores. Like, you’d think that they would put on an alert to let everyone know that this has happened,” he said during a previous interview.

Interesting times, no? Years ago, selling and possessing marijuana was illegal. Nowadays, we’re passing laws bringing enhanced penalties to people who rob our pot shops.

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.

 

Fleeing a Crime Scene

Bellingham Defense Attorney, Legislation, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Uncategorized, Whatcom County Criminal Defense, , , , ,

Savannah Police Sing To Their Suspect When They Catch Him | Police humor, Savannah chat, Men in uniform

Are Washington’s new search and seizure laws allowing suspects to flee crime scenes?

According to journalist , police may regain authority to use force to stop people fleeing crime scenes. The newly proposed HB 2037 allows police to use physical force if people flee from these brief investigative detentions.

HB 2037 arrives after HB 1310 was recently enacted to regulate use-of-force tactics by police. HB 1310 forbids police officers from using force to detain someone unless they have enough evidence to arrest them. Before last year’s reforms, police could use force, including handcuffs, to detain someone briefly while they sought out more evidence.

Law enforcement officials say HB 1310 prevents them from investigating a crime scene before people scatter. However, defenders of HB 1310 say people might run from police out of fear, not guilt, and racial bias could play a role in their detention.

Radil reports that Angelina Smalls is the sister of Bennie Branch, who was killed by Tacoma police in 2019. She spoke against the new bill at the legislature this week.

“Because Bennie fled, under HB 2037, police would have authority to use force to stop him . . . I think House Bill 2037 is an invitation for abuse by police officers. Legislators should be protecting communities from needless violence, not creating more opportunities for police to harm people.” ~Angelina Smalls

DeRay McKesson, co-founder of the national police reform group Campaign Zero, also spoke against the bill. He said physical force still turns into deadly force too easily, and police can track down the person when they have more evidence.

Democrats who helped pass the police reform laws say they’ve been traveling the state, hearing from law enforcement, victims of crime and affected families.

Please review my Search and Seizure Legal Guide for more information on this topic. 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.

Are Court Fines Sensible?

Bellingham Defense Attorney, Legal Financial Obligations, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Research on Court Fines and Poverty Influences Latest Federal Reserve Survey | UNC School of Law

According to a press release from the Washington Courts, a new report sheds new light on court practices regarding the imposition of fines and fees.

The report, titled “The Price of Justice: Legal Financial Obligations in Washington State,” was issued by the Washington State Minority and Justice Commission. It found that more than 80 percent of criminal defendants in Washington courts are indigent. Also, courts had imposed approximately $223 million in fines and fees but within a three-year period had collected approximately $11.5 million. A companion report discusses the consequences of LFOs and how court debt can plague the lives of individuals with little or no ability to pay.

The Commission’s study on court fines and fees — called “legal financial obligations” or LFOs – was the result of a three-year grant from the U.S. Department of Justice awarded to five states for exploring LFO practices and issues of fairness and equity.

The grant led to creation of the first statewide LFO Stakeholder Consortium; presentation to the state Supreme Court of a comprehensive symposium on LFO practices and impacts across Washington; the development in partnership with Microsoft of a unique LFO calculator for use by judges and the public; the Price of Justice study and report; a companion report describing significant impacts of LFOs on individuals; and ongoing legislative work to reform LFO policies.

“A great deal of time was spent learning about our own court practices regarding the imposition of fines and fees and trying to trace collection and allocation of these funds . . . We hope this new resource will contribute to the discussion on how we might further our mission to dispense justice fairly by finding another way to fund our courts; one that is more fair and equitable.” ~Washington Supreme Court Justice Mary Yu, co-chair of the Minority and Justice Commission.

Findings from the study report, “The Price of Justice: Legal Financial Obligations in Washington State,” and recommendations from the companion report, “The Cost of Justice: Reform Priorities of People with Court Fines and Fees,” include:

  • The vast majority of criminal defendants who come to court, 80-90 percent, are indigent.
  • Washington’s system of LFOs is complicated and extensive, with more than 155 separate and distinct court fines and fees that can be imposed. Some LFOs are mandatory and must be imposed regardless of ability to pay.
  • Surveys with prosecutors and defense attorneys indicated a great deal of statewide inconsistency in how LFOs are imposed, and how defendants’ ability to pay is assessed.
  • Though LFO reform was passed by state lawmakers in 2018 with ESSHB 1783, providing some avenue for relief from LFOs for low-income persons, many of them don’t know that relief is available or how to access relief. Many jurisdictions have no formal process to help people with court debt understand the options they have.
  • From 2014 – 2016, Washington superior courts imposed approximately $130 million in LFOs and collected roughly $7 million.
  • In the same time period, Washington district and municipal courts imposed roughly $88 million in LFOs and collected about $4 million.
  • Juvenile courts in that time imposed approximately $5.3 million in fines and fees and collected about $494,000.
  • Nearly all Washington district and municipal courts (courts of limited jurisdiction) utilized collection agencies for collection of unpaid court debt. The collection agencies are authorized to impose sizeable interest and fees, and are not required to consider ability to pay.
  • Other fees and costs beyond LFOs are added on to persons involved in the criminal justice system that are collected by other court-related entities, such as warrant issuance fees, jail booking fees, intake or supervision fees, and more.
  • There was a decline in the number and amount of LFOs imposed by courts following 2014.
  • Important steps are needed to continue reforming Washington’s LFO system, according the Living With Conviction companion report. Those improvements fall into four categories – 1) reducing barriers to achieving relief from LFOs, 2) reducing barriers to paying off LFOs, 3) reducing the amount of LFOs imposed, and 4) conducting additional research into personal experiences with impacts of court debt, inequities in the system, and more.

New Court Rule Opens a Path to LFO Relief

During the study period, notable improvements to Washington’s LFO system were adopted by state lawmakers through the passage of ESSHB 1783 and by the judicial branch through adoption of Court Rule GR 39. Late King County Superior Court Judge David Steiner drafted an important statewide court rule, GR 39, making it easier for people with LFOs to seek relief in court.

In addition to the 2018 legislation and the court rule change, new court forms have been created to help people seek LFO relief from courts. And additional reform legislation — HB 1412 — has been proposed by state Representative Tarra Simmons for the upcoming session of the state Legislature.

My opinion? While much as been done, there is still much work to do. This is an area of our justice system that can be overlooked. Unfortunately, it has a serious and long lasting impact on people’s lives for many years. Please contact my office if you, a friend or family member are charged with a crime. Hiring a competent defense attorney is the first and best step toward avoiding criminal convictions and court fines.

Housing & Criminal Record

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Detroit bans criminal history question on most rental applications

Great article by Shauna Showersby reports on legislation that would prevent landlords from denying housing based on a person’s criminal record. House Bill 2017 was introduced by Rep. Lauren Davis, D-Lynnwood, and has 10 other Democratic sponsors. Davis said the majority of those benefitting from the legislation are in recovery for mental illness or substance abuse. She said many end up in the legal system to begin with because of untreated behavioral health needs.

Committee member Rep. Andrew Barkis, R-Olympia, who owns Hometown Property Management, opposes the legislation:

“I completely agree that people in recovery who are working through all that absolutely need housing. Unfortunately there’s the other side of the spectrum when it comes to housing.” ~Rep. Andrew Barkis, R-Olympia

He said because this is a broader bill, it’s important to know the data behind it and what percentages of people would actually be affected. Some of those in support testified. Predictably, several landlords testified against the legislation.

HUD guidelines suggest that landlords and property managers take a more individualized approach to screening applicants by considering the specific circumstances of an individual’s criminal history. However, the organization acknowledges that blanket policies which deny people housing based on past records do not serve a legitimate purpose.

HUD also noted that over 100 million of U.S. adults, or nearly one-third of the population, have a “criminal record of some sort.” The report said that even those who were convicted of crimes but not incarcerated face “significant barriers to securing housing, including public and other federally subsidized housing because of their criminal history.” Additionally, because African-Americans and Hispanics are arrested at a disproportionate rate, they are more likely to encounter barriers to secure housing.

If passed, HB 2017 would go into effect 90 days after the legislature adjourns.

Please contact my office if you, a friend or family member are charged with a crime. A criminal history can affect one’s eligibility for both public housing and private housing. An arrest – even before anyone is found guilty – can often trigger eviction of you or your entire household from public or private housing. Hiring an effective and competent defense attorney is the first and best step toward justice.

Don’t Talk to Jurors!

Bellingham Defense Attorney, Jury Trial, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , , ,

Jury deliberations begin in 2018 gang slaying at Yakima County jail | Local | yakimaherald.com

In State v. Hall, the WA Court of Appeals held that improper communication between the jury and court bailiff impacts the right to a fair and impartial jury. Don’t talk to jurors.

BACKGROUND FACTS

The State charged Hall with sex offenses. A jury trial in Snohomish County Superior Court began on October 15, 2019. The case was submitted to the jury on October 23, 2019. On the eighth day of deliberations, November 1st, the bailiff received a question from the jury. The bailiff described the event as follows:

“So I received the juror question asking me if Juror 4 could be dismissed. The juror stated that she was not ill but just wanted to leave, and they asked if they could call in the alternate. I told them that if they did that, they’d have to start over and that generally that’s not what the alternate is for, but they told me to ask it anyway.” – Court Bailiff

After this exchange, the judge, prosecutor and defense counsel engaged a heated debate on the propriety of the bailiff’s remarks.

At some point, defense counsel moved for a mistrial based on juror misconduct over the exchange with the bailiff. Defense Counsel also took issue with the juror’s potential discussion of the case outside of deliberations. Rather than decide on the motion, the court proposed polling the jury. Later, within 10 minutes of the jury returning to deliberations, the trial court received notice that juror 4 wanted to be excused. Defense counsel again expressed her concerns that juror 4 may be hastened or coerced. The court declined to dismiss juror 4 and instructed them to continue deliberating with the other jurors.

Fourteen minutes later, the jury returned a verdict finding Hall guilty of two sex offenses. Following the verdict, Hall moved for a new trial. He argued that the bailiff’s communications to the jury had a prejudicial impact on his trial.

COURT’S ANALYSIS & CONCLUSIONS

The court began by stating that RCW 4.44.300 forbids a bailiff from communicating with the jury during its deliberations, except to inquire if they have reached a verdict.

“The statute was designed to insulate the jury from out-of-court communications that may prejudice their verdict,” said the Court of Appeals. It emphasized that the bailiff is in a sense the “alter-ego” of the judge. Therefore, improper communication between the court and the jury is an error that impacts the right to a fair and impartial jury.

“It is at least possible that the bailiff’s comments resulted in juror 4 being pressured to reach a verdict,” said the Court of Appeals. Relying on State v. Christensen, and examining the record as a whole, the Court reasoned that the bailiff’s remarks had a prejudicial effect on the jury. With that, the Court reversed the convictions and remanded for a new trial.

My opinion? Good decision. I’m sure the bailiff was simply trying to be helpful. Nevertheless, the road to Hell is paved with good intentions. I echo the excellent advice from the Washington Courts given to potential jurors: DON’T talk to anyone about your deliberations or about the verdict until the judge discharges the jury. After discharge, you may discuss the verdict and the deliberations with anyone, including the media, the lawyers, or your family. But DON’T feel obligated to do so.

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.

Catalytic Converter Theft

Bellingham Defense Attorney, Mount Vernon Criminal Defense Attorney, Skagit County Criminal Defense, Theft, Whatcom County Criminal Defense, , , , ,

You’ve seen the news. Apparently, Catalytic Converter Thefts are a growing problem. Thieves have been stealing these devices from cars, trucks, and buses at an alarming rate lately. The precious metals that go into the making a catalytic converter are valuable.

According to the Office of the Insurance Commissioner, the number of catalytic converter thefts increased in Washington by 3,800% between 2019 and 2020. The soaring price of metals is one of the reasons behind the recent spurt in catalytic converter thefts in the country. The stolen car parts fetch a tidy sum on the black market. Recent supply chain disruptions have also led to the current situation.

The department is aware of increased local catalytic converter thefts which are a nuisance and decrease the quality of life in our community. We have dedicated resources to work on this problem and are investigating those responsible. Community members are encouraged to take proactive crime prevention measures to reduce the chance of being victimized.

The process of stealing a catalytic converter is so fast and quiet. Most car owners do not know of the theft until they start their car and hear a loud rattle. Most car owners assume the loud noise is because of a crack in the exhaust and ignore the sound until their next tune-up. These parts are expensive to replace, costing anywhere between $2,000 to $2,500, depending on the model you drive.

Local government is responding in kind. Lawmakers are looking for solutions. Also, the Everett Police initiated Project CATCON ID to promote theft prevention techniques. Here, residents are asked to engrave the last 8 digits of their vehicle identification number (VIN) on the catalytic converter and highlight the number with high temperature paint. If your converter is stolen and reported, if recovered, the police can track it back to the owner.

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