Tag Archives: Whatcom County Criminal Defense Attorney

Confrontation, Video Testimony & COVID

Bellingham Defense Attorney, Burglary, Confrontation Clause, felony, Mount Vernon Criminal Defense Attorney, Robbery, Sex Crimes, Sixth Amendment, Skagit County Criminal Defense, Washington Court of Appeals, Whatcom County Criminal Defense, , , ,

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In State v. Milko, the WA Court of Appeals held that a defendant has a right to have witnesses present in the courtroom. However, that right can be overcome. Here, the trial court lawfully allowed witnesses to testify by video when they had health related concerns about contracting COVID-19.

FACTUAL BACKGROUND

In 2018, Milko on five separate occasions contacted women who were paid escorts. He
arranged to meet them at houses in Puyallup that he did not live in or own. When each
woman arrived, Milko displayed a knife in an attempt to take their money or to rape them.

The State charged Milko with 12 felony offenses related to five incidents and five
victims. The charges included Burglary, Robbery and Sex Offenses.

Milko’s trial was set for July 2020. At the time, COVID-19 had been declared a global pandemic and a national emergency in the United States. In February 2020, Governor Jay Inslee had proclaimed a state of emergency in Washington. He issued a number of proclamations designed to help curb the spread of COVID-19. The Supreme Court ordered all courts to follow the most protective public health guidance applicable in their jurisdiction and to use remote proceedings for public health and safety whenever appropriate.

Also, the CDC and the Washington Department of Health recommended social distancing measures of at least six feet between people and encouraged vulnerable individuals to avoid public spaces. The CDC encouraged people to avoid traveling because travel increased a person’s chance of getting infected and spreading COVID-19. The CDC noted that older adults and people of any age with serious underlying medical conditions, such as diabetes and asthma, were at a higher risk for severe illness from COVID-19.

The trial court granted the State’s request to allow two State’s witnesses to testify remotely. One witness was SANE nurse Ms. Biddulph. The other witness was victim JA.

At trial, the five victims and several investigating officers testified in person about the
incidents giving rise to the charges. Biddulph testified by two-way video about examining BP and completing a rape kit for her. JA testified by two-way video about Milko contacting her for her paid escort services in Florida and raping her at knifepoint. The trial court instructed the jury that the State was offering JA’s testimony only to establish identity, a common scheme or plan, and/or modus operandi.

The jury found Milko guilty of all charges except for attempted first degree robbery. He appealed on arguments that the trial court violated the confrontation clause by allowing witnesses to testify by video because of COVID-19 concerns.

COURT’S ANALYSIS & CONCLUSIONS

The WA Court of Appeals (COA) explained that the Confrontation Clause of the Sixth Amendment to the U.S. Constitution provides that a person accused of a crime has the right “to be confronted with the witnesses against him.” Nevertheless, the COA quoted  Maryland v. Craig, and other cases holding that video testimony does not violate the confrontation clause if it ensures the reliability of the evidence by subjecting it to rigorous adversarial testing and thereby preserves the essence of effective confrontation.

Here, the COA upheld the trial court’s findings that Biddulph’s traveling to Washington would place her and her children at risk of negative health consequences regarding COVID-19 were warranted. Biddulph in particular had health concerns about her one year-old daughter, who had compromised health. And the court made a finding that Biddulph’s health care provider “advised against travel in order to protect the health of Ms. Biddulph and her small child.” The court’s ultimate finding was that Biddulph could not travel to Washington to testify because travel will place her at a significantly higher risk of exposure to the virus.

“Accommodating Biddulph’s health concerns was more than a matter of convenience,” said the COA. In addition, it reasoned that concern for the health of a third person may be sufficient to support a finding of necessity. “This is especially true in a pandemic. Given the nature of the COVID-19 pandemic, the risk to the health of Biddulph and her child if Biddulph was required to travel to Washington was significant and more than de minimis.”

The COA also found that the trial court found that JA’s health concerns due to her diabetes and asthma were warranted. These conditions would “place her at a higher risk of suffering severe health consequences if she were to contract COVID 19.”  Further, the COA upheld the trial court’s findings that JA’s conditions “make it difficult, if not impossible, to wear a face mask for an extended period of time, including on a cross-country flight.” The court’s ultimate finding was that “J.A.’s health is currently compromised, and she is at a higher risk of serious medical complications should she contract COVID-19.”

“We conclude that these findings support the conclusion that video testimony was necessary to protect JA’s health. Accommodating JA’s health conditions was more than a matter of convenience. Given the nature of the COVID-19 pandemic, the risk to JA’s health if she was required to travel to Washington was significant and more than de minimis.” ~WA Court of Appeals.

The COA concluded that the trial court did not err in allowing Biddulph and JA to testify remotely by video and their testimony did not violate Milko’s confrontation right. Consequently, the COA affirmed Milko’s convictions and sentence.

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.

How Will the New Gun Laws Affect Washingtonians?

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

Open carry ban at state Capitol, near demonstrations signed into law in Washington | king5.com

Gov. Jay Inslee signed three new pieces of legislation into law on Wednesday concerning new regulations on guns.

  • Senate Bill 5078 concerns “high-capacity” magazines in the state. The law will prohibit importing, distributing, manufacturing, selling or offering for sale of high-capacity magazines, which are defined as magazines that hold more than 10 rounds of ammunition.
  • House Bill 1705 concerns untraceable firearms, also known as “ghost guns.” The law will prohibit “manufacturing, causing to be manufactured, assembling, causing to be assembled, selling, offering to sell, transferring, or purchasing” of untraceable firearms.
  • House Bill 1630 adds restrictions to where Washingtonians can carry weapons. Open carrying weapons will now be prohibited at local government facilities, or locations where local government meetings take place. Possession of weapons will also now be prohibited at school board meetings and election-related facilities.

Among those in attendance at the ceremony were Attorney General Bob Ferguson, Democratic state legislators and individuals who’ve been affected by gun violence. The Attorney General’s office also points to studies that have concluded that gun magazine limits reduce the incidence of mass shootings and save lives.

WHAT HAPPENS IF I CURRENTLY OWN A “HIGH-CAPACITY” MAGAZINE?

Nothing. The legislature got rid of the language in the bill that would have regulated possession, so anyone in the state of Washington who currently owns, or who purchases high-capacity magazines before the law goes into effect will still be within the law. Once the law goes into effect, Washingtonians can no longer purchase high-capacity magazines in-state, online, or from another state. The law bans the importation, distribution, manufacture, sale or offer for sale of high-capacity magazines.

IS ANYONE EXEMPT FROM THE NEW LAWS?

Yes. Licensed firearms dealers can still sell high-capacity magazines to all branches of the military and to law enforcement agencies. Exemptions for who can carry weapons at certain facilities include federal, state and local law enforcement officials.

WHEN DO THESE LAWS GO INTO EFFECT?

The ban on high-capacity magazines goes into effect 90 days after the adjournment of the session, which ended on March 10. That means it goes into effect June 8.

The “manufacturing, causing to be manufactured, assembling, causing to be assembled, selling, offering to sell, transferring, or purchasing” of untraceable firearms will be prohibited after June 30. Restrictions on guns at school board meetings, local government meetings and election facilities goes into effect 90 days after the adjournment of the session, or June 8.

WHAT ARE THE PENALTIES FOR BREAKING THE NEW LAWS?

Violations of the firearms magazine ban are punishable by a gross misdemeanor. These crimes carry a maximum sentence of 364 days in jail and $5,000 fine. Violators of the ban on ghost guns can expect to pay $500 for the first offense. Second offenses can expect a misdemeanor, while three-time offenses can lead to a gross misdemeanor. Anyone who is caught with three or more ghost guns at once could potentially face a gross misdemeanor.

Violations of weapons restrictions at certain locations can expect a misdemeanor on the first offense, and a gross misdemeanor on the second offense.

My opinion? A constitutional challenge to the gun magazine law is likely. On Wednesday, the Nevada-based Firearms Policy Coalition announced it’s seeking plaintiffs to lead a lawsuit against the new law. Ferguson, however, expressed confidence the courts will uphold the law. Last November, a panel of judges from the 9th U.S. Circuit Court of Appeals upheld a similar ban enacted by California.

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

AGO Allocates $177,000.00 For Sexual Assault Kit Initiative

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

Wisconsin Sexual Assault kit Tests Yield First Conviction - Fox21Online

A press release from the WA Attorney General’s Office confirms that the office will provide 53 local law enforcement agencies across the state with funding for refrigeration units to store evidence from sexual assault investigations.

A sexual assault kit is a collection of evidence gathered from a survivor by a medical professional, usually a specially trained sexual assault nurse examiner. A crime lab then tests the evidence for DNA that could help law enforcement find a perpetrator.

Ferguson is providing the new units as part of his Sexual Assault Kit Initiative (SAKI) — a campaign to improve Washington’s response to sexual assault and end the state’s rape kit backlog. The Attorney General’s Office is allocating $177,204.73 of its federal SAKI grant funding to local law enforcement for the purpose of purchasing refrigeration units to store sexual assault kits. The Attorney General’s Office heard from local law enforcement that this is a major need. These resources will help ensure that sexual assault evidence, including evidence that needs to be refrigerated, does not expire due to lack of capacity.

“More storage means more evidence can be tested, and more crimes can be solved,” Ferguson said. “These resources will bring justice to survivors.”

This increased storage capacity will help law enforcement agencies comply with a 2020 law, House Bill 2318, that requires “unreported” sexual assault evidence to be stored for at least 20 years. This includes a sexual assault kit and all associated evidence for an assault that a victim has not yet reported to law enforcement. An unreported sexual assault kit is taken at a hospital and stored by law enforcement, should a victim choose to file a report. Evidence from reported assaults must be stored for 100 years.

The Blaine Police Department, Ferndale Police Department and Whatcom County Sheriff’s Office are receiving new units.

There are two types of sexual assault kit backlogs in Washington and across the country. The first is the “unsubmitted” sexual assault kit backlog, which consists of kits that sit in a law enforcement evidence storage facility because a DNA analysis was never requested. The second type of backlog occurs in crime lab facilities, when sexual assault kits have been submitted to the lab, but have not yet been tested. Once the kits are tested, local law enforcement can use DNA to reopen cold cases.

A significant type of evidence in sexual offense cases is the DNA recovered from rape kits. Rape kits are the physical evidence and notes from an assault victim’s examination. The physical evidence usually contains DNA such as hair, blood, bodily fluids, clothes and belongings of the victim, and physical evidence from the crime scene. In some cases, the rape kit findings are the primary evidence used against a defendant. However, rape kit findings do not necessarily equate with forced or unlawful sexual conduct. courts will evaluate the probative value of DNA findings and if the evidence is substantially outweighed by the danger of unfair prejudice.

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

“Lustful Disposition” Legal Term of Art Abandoned by WA Supreme Court

Bellingham Defense Attorney, Child Molestation, ER 404(B), Mount Vernon Criminal Defense Attorney, Sex Crimes, Skagit County Criminal Defense, Whatcom County Criminal Defense, , , ,

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In  State v. Crossguns, the WA Supreme Court disapproved of the prosecution’s use of the term “lustful disposition.”

BACKGROUND FACTS

The case involved allegations that the defendant, Mr. Crossguns Sr., sexually abused his daughter R.G.M.  At trial, prosecutors presented evidence that Mr. Crossguns Sr., had previously abused the victim from July 2015 to August 2016.

At trial, the State also sought to admit testimony from family members regarding these incidents. Crossguns opposed admitting the evidence, arguing that it was improper propensity evidence. The trial court concluded the probative value outweighed any risk of unfair prejudice and ruled the evidence was admissible under ER 404(b).

More specifically, the court was persuaded that the Prosecutor demonstrated Crossguns’s “intent, plan, motive, opportunity, absence of mistake or accident, lustful disposition toward R.G.M. Ultimately, the judge admitted the testimony under arguments that Crossguns’ had a “lustful disposition toward” the child. Crossguns was convicted of sex offenses to include second-degree rape of a child and second-degree child molestation.

appealed on argument that the prosecutor’s (1) use of the term “lustful disposition” was improper, and (2) statements in closing, asking the jury to decide if the witnesses were telling the truth, constitute misconduct.

COURT’S ANALYSIS & CONCLUSIONS

Justice Montoya-Lewis wrote the majority opinion and made short work of the “Lustful Disposition” issue:

“We conclude that the term ‘lustful disposition’ is archaic and reinforces outdated rape
myths and misconceptions of sexual violence . . . Therefore, we now reject the ‘lustful disposition’ label and hold that ‘lustful disposition’ is not a distinct or proper purpose for admitting evidence. To the extent our precedent indicates otherwise, it is disavowed.” ~WA Supreme Court Justice Raquel Montoya-Lewis.

In nixing its use in Washington, the Supreme Court wrote that the term “reinforces the myth of the pathological, crazed rapist who is a stranger to the victim.”

“The term ‘lustful disposition’ is an outmoded, inaccurate term that reinforces myths about sexual assault . . . We abandon this term because it is incorrect and harmful.”

However, Justice Montoya also reasoned that rejection of the label “lustful disposition” does not modify our established doctrine of allowing “evidence of other crimes, wrongs, or acts”  pursuant to ER 404(b). Therefore, the trial court’s reference to lustful disposition in its decision admitting the evidence was harmless.

“Further, we conclude that the prosecutor’s statements constitute misconduct, but the prejudice could have been corrected by an instruction,” reasoned the Court. Therefore, the WA Supreme Court affirmed the Court of Appeals in part and reversed in part, and remand to the Court of Appeals for further proceedings consistent with this opinion.

My opinion? Good opinion. It showed a forward-thinking and significant departure from inflammable terms of art which are historically prejudicial. Generally, evidence of a person’s character is not allowed to be used to prove that in the alleged crime the person acted in accordance with their character. There are many exceptions, including if the evidence speaks to a defendant’s motive, opportunity, intent or plan. And, until Thursday, if the evidence spoke to a defendant’s “lustful disposition,” it was fair game.

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.

DUI Emphasis Patrols Start Again At WSU

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The Costs Associated With A Houston DUI - Butler Law Firm

The WA State Patrol (WSP) just announced it will conduct DUI emphasis patrols starting March 10-20 as Washington State University (WSU) students travel across the state for Spring Break.  District 4 troopers in Spokane, Whitman and Adams counties and District 6 troopers in 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.

The press release advises students traveling across the state should make sure to prepare for winter travel conditions.  A small emergency kit with water, food, blankets, winter clothing and emergency flares are a good idea. “Our primary mission is to ensure that everyone travels during Spring Break without incident,” said WSP District 4 Commander Captain Jeff Otis.

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 conditions.” ~WA State Patrol

The WSP, WSU, and other state and local officials will be working hard throughout the break to ensure everyone heading to and from Pullman has a safe and enjoyable vacation. WSP public information officers will be updating information throughout the emphasis using the hashtag #BeSafeCougs.

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.

Whatcom Superior Court Relaxes COVID-19 Mask Requirements

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

Mask Mandate Lawsuits Reflect Bigger Battle: Do States or Local Districts Control Schools?

In a press release and new Administrative Order, Whatcom County Superior Court has officially ended to its face-covering requirement starting March 12, 2022. This comes pursuant to information provided in Governor Jay Inslee’s press conference on February 28, 2022.

According to the press release, face coverings in Superior Court controlled offices and common spaces will be optional. However, everyone who enters the Superior Court is encouraged to wear facial coverings for their own protection and the protection of others. While facial coverings are no longer mandatory in Superior Court, there are the following exceptions:

  • Jury trials, during which all participants, including jurors, judicial officers, court staff, parties, witnesses and the public must wear facial coverings at all times;
  • Whenever determined to be necessary by a judicial officer.

All participants to court proceedings should bring a facial covering to the courthouse for all
hearings, in case it is determined by a judicial officer that one is necessary. The court will
have limited supplies of masks available for those who need one.

Children under 5 years of age, people with medical or mental health conditions or disabilities that prevent them from wearing a facial covering are not required to wear a facial covering at any time.

FEDERAL COURTS ALSO GO MASKLESS

The news comes as a growing number of courts from coast to coast are going maskless amid a nationwide decline in COVID-19 cases. Since the beginning of March, more than a dozen federal district courts have issued orders relaxing or dropping requirements for people to wear face coverings aimed at reducing COVID-19’s spread.

“The Court sincerely hopes that this downward trend in COVID-19 cases and hospitalizations will continue,” Chief U.S. District Judge Ricardo Martinez in Seattle wrote in a Thursday order.

The changes came after the CDC on Feb. 25 dramatically eased its COVID-19 guidelines for masks, shifting from a focus on the rate of coronavirus transmission to monitoring local hospitalizations, hospital capacity and infection rates.

My opinion? Excellent. Our local courts were very responsive and responsible in the face of the COVID-19 Pandemic. I speak for us all – judges and attorneys alike – who say, “Let’s get back to work!”

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.

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, , , , ,

Image

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

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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.