Assault with Firearm: A bedraggled man came onto my client's rural property despite no trespassing signs. He was a process server, but did not identify himself. Instead of going to the front door of the home or office, he looked into windows and tried unmarked locked doors. My client ordered him off the property. When he wouldn't leave, my client fired a shotgun into the air to warn him to leave. The process server drove off the property but called the police, claiming my client had shot at him. Our investigation revealed other instances when the same property server had frightened other home owners by peering in windows, not identifying himself, and appeared threatening. When the court ruled we could present these other witnesses, the State dismissed the charge the first day of trial.
Assault by Strangling: A grown niece accused her uncle of strangling her in front of her grandparents. She had been examined by two doctors. I retained a medical expert who reviewed the symptoms of strangulation with me. Both doctors who saw the niece agreed they had not seen any of the symptoms on her. Grandmother said it didn't happen. We found the motive for the niece to make up the story to please her mother, my client's sister. The jury reached a not guilty verdict within 20 minutes.
Assaults of Police Officers: The client was charged with assaulting two
police officers after a Mariners game, causing a serious cut to the
side of one officer's face. At trial we showed how the officer assaulted
our client, then fell against him, breaking his headset which caused
the cut. The jury acquitted of one count and hung on the second. The
Felony Assault of a Police Officer: A protestor retained me after being
convicted of throwing an object at a demonstration, injuring a police
officer's eye. We filed a Motion for New Trial based on video footage
combined with a police officer's report showing another person committed
the crime. The court vacated the jury's verdict and granted a new
Robbery/Assault: A young man was charged with robbing another man in the
men's room of a convenience store, then driving off and shooting at the
robbery victim when he gave chase. The store's video surveillance
showed the "victim" using a cell phone to call someone when he asked the
owners to call the police. Our investigation of phone records revealed
the "victim" was a drug dealer. Realizing they had been duped by many
lies, the prosecution offered a very favorable resolution.
Domestic Violence Felony Assault: A man retained me after other lawyers
asked him if his wife would say she "ran into a door. " He didn't want
his wife to lie. He treasured his marriage and family. He was frightened
by the injury he caused. He wanted to control his anger. He hoped to
save his marriage and himself. We got him into domestic violence
treatment and negotiated a favorable resolution.
Domestic Violence Felony Assault: The client retained me after he was
convicted. His trial lawyer had misplaced his file before trial and lost
crucial evidence he wanted to present at trial. We located the
investigator, obtained the evidence again, and persuaded the court to
vacate the jury's verdict and grant a new trial based on ineffective
assistance of counsel.
Assault/Unlawful Display of a Weapon: My client was convicted of assault
with a firearm. The Supreme Court reversed his conviction because the
instructions defining assault did not require the specific intent, and
so didn't permit the jury to consider whether he was only guilty of
unlawful display of a firearm. State v. Byrd, 125 Wn.2d 707, 887 P.2d
Misdemeanor Assault: A woman claimed my client assaulted her while in
line at a Dairy Queen. She said he grabbed her from behind and threw her
onto the floor on her back. We brought in a tae kwon do teacher to
demonstrate to the jury how, if the woman was trying to block the client
from reaching the counter to give his order, she was pressing against
him, and when he stepped away she fell to the floor. The jury acquitted
in less than an hour.
Juvenile Felony Assault: A family retained me after their son was
convicted of felony assault at trial in juvenile court. We presented a
sworn statement from the witness that defense counsel failed to call to
testify, who would have supported the client's claim of self-defense.
The court granted a new trial based on ineffective assistance of
Assault With a Firearm/Defense of Property: My 83-year-old client
permitted a homeless woman to sleep on his couch for a few days. One
night she got drunk and assaulted him in his bed. He demanded she leave.
When she wouldn't, he drew his gun and chased her. She called the
police screaming for help. He was convicted of assault with a firearm
and sentenced to three years in prison. The Court of Appeals reversed,
finding the instructions were inadequate on his right to defend his
property. State v. Bland, 128 Wn. App. 511, 116 P.3d 428 (2005).
Assault "by Tickling": My client approached a co-worker to chat. She
asked him to come back later to talk. He asked if he could have a kiss,
reached forward, and gently touched her side. She said no and left. The
State charged him with assault "by tickling." The trial court would not
dismiss. The jury convicted. But on appeal, we persuaded the court it
was not a crime to touch someone without intending to harm or offend.
The conviction was reversed and dismissed.
Assault of a Child: My client was convicted of assaulting her infant
daughter. The court instructed the jury on a crime that the State never
charged. Conviction reversed.
Assault/Pre-SRA Parolability Hearing: In 2009, I represented a client
who had been in prison for 30 years, since age 16. We worked with expert
witnesses to prove the success of his changed mental health treatment.
We established a parole plan for him. We won his freedom.