The events leading to the criminal charges began in March of 2009, when the couple's 17-year-old son suffered a ruptured appendix. Instead of taking their son to the doctor or calling an ambulance, the couple attempted to "faith heal" the boy, praying over him and asking church elders to come to their home and perform healing rituals. Those efforts were unsuccessful, however, and the boy died three days after he fell ill.
]]> The couple was arrested and charged with second-degree murder and first- and second-degree manslaughter. During the trial, their criminal defense attorney stated that they believed their son had the flu, which had been going around the family and the boy's school, and argued that the prosecutors had presented no evidence that the couple knew that their son was dying.The jury was asked to decide whether a reasonable person would have known that the boy was going to die, and whether the prosecutors proved beyond a reasonable doubt that the parents committed or attempted to commit criminal mistreatment of their son. They were not asked to decide whether the parents knew that their son had appendicitis.
After a long deliberation, the jury found the parents not guilty of murder, and found the mother not guilty of first-degree manslaughter. However, they were unable to reach a verdict on the father's first-degree manslaughter charge and both charges of second-degree manslaughter. The court will reconvene next month to determine whether to retry those charges.
Source: The Wenatchee World, "Not guilty of murder, Swezeys could face retrial for manslaughter," K.C. Mehaffey, May 15, 2012
]]>Until the recent changes, state law enforcement agencies and district attorneys were not quite sure what to do with allegations of strangulation at the hands of a spouse or domestic partner. By its nature, strangulation is an attempt at murder, because it often leaves victims very close to death. But it many cases it leaves no bruises or physical marks, causing the case to devolve into a case of he-said, she-said.
]]> In addition, there was no appropriate legal charge for situations in which the alleged perpetrator used strangulation as a tool of fear and had no intention of killing or even seriously harming the victim. Because of this and the other reasons listed above, listing strangulation as a misdemeanor has proved a wholly inaccurate and ineffective way to handle these crimes.With the passage of the new laws, state law enforcement agencies are training their officers to identify the more subtle signs of strangulation, such as a strained voice or bloodshot eyes. Despite this, many criminal defense attorneys think that, without concrete and objective proof that an attempted strangulation has taken place, many people will be wrongfully prosecuted or convicted of a crime they did not commit.
What do you think? Should attempted strangulation be a felony charge?
Source: Fox News, "States cracking down on strangulation attempts," May 13, 2012
]]>The lawsuit was filed by a man who was arrested in April 2010 outside a Seattle restaurant. He and his friends were leaving the establishment when they witnessed an armed robbery. Although he complied with police orders, the man says, the arresting officers kicked and stomped on his head, hand and legs. The officers also shouted derogatory and discriminatory comments at him.
]]> The man was not arrested or charged in connection with the robberies. However, the city remains insistent that the man was "complicit in the robberies." He denies this allegation, and has filed a civil suit against the city for civil-rights violations, unreasonable use of force, assault and battery and intentional discrimination.Following the arrests, the officer who allegedly physically and verbally assaulted the man was suspended for 30 days, which is the most severe punishment handed down to police officers short of firing them altogether.
Now, however, the city is seeking a dismissal of the man's lawsuit, claiming that the officer was simply using de-escalation techniques in order to diffuse the situation. The motion also claims that the comment, while offensive, had "no appreciable discriminatory effect."
This is only the latest in a series of allegations of police misconduct in the Seattle area. We will continue to update our blog with any new developments in this or any related stories.
Source: The Seattle Times, "City seeks dismissal of lawsuit in 'Mexican piss' case," Steve Miletich, May 2, 2012
]]>According to police reports, the alleged drunk driving incident began just after midnight when 911 dispatchers received a call from a man who stated that his car had been stolen. Police began looking for the vehicle in the area in which the man said he had last seen it. When they found the car, the officers pulled it over and ordered the two male occupants to get out.
]]> Upon questioning the men, however, the officers soon realized that something just wasn't right. They deduced that one of the men was the registered owner of the car, and that he had also been the one to call 911 and report that his car - the very one he was sitting in - had been stolen.When he was questioned about this detail, the car's owner reportedly told police that he had reported his car as stolen because he believed the other man in the car to be drunk, and that he therefore did not want the other man to drive it. After making the 911 call, however, the owner allowed the allegedly drunk man to get behind the wheel anyway.
This strange story ended with both men being arrested. Now, the driver of the car is facing DUI charges, and the owner has been charged with making a false claim to police.
Source: Seattle Post-Intelligencer, "Cops say fake stolen-car story lands 2 in jail," April 29, 2012
]]>According to police reports, the investigation began in May 2011 when the 14-month-old girl was airlifted to Harborview Medical Center in Seattle in order to be treated for a serious head injury. While treating the head injury, which hospital staff believed to be the result of abuse, the doctors began to suspect that the girl also had an eye infection.
]]> When doctors asked about the eye infection, the mother reportedly said that her daughter's eyes had been swollen shut for about a month after she had received a scratch on her eye while playing in a barn. The mother stated that the girl had been given antibiotics and eye drops, which she had brought to the hospital with her, to treat the eye infection.Hospital staff inspected the eye drops and allegedly noticed a "foul odor." The drops were sent to the Forensic Chemistry Lab of the Food and Drug Administration, which reportedly determined that the eye drops contained bleach. The mother told police investigators that the bleach was the result of the dropper being cleaned with the substance, but the lab reportedly found that this was not possible based on the damage to the girl, which included blindness in one eye.
Now, a year after the alleged incident, the 29-year-old mother has been arrested and charged with assault. We will continue to update our blog as this case develops.
Source: CBS News, "Wash. mom Jennifer Mothershead accused of putting bleach into her toddler's eyes," May 1, 2012
]]>One increasingly common result of this added stress is domestic violence incidents, according to a new report conducted by the Police Executive Research Forum (PERF). Specifically, about 56 percent of the 700 law enforcement agencies that responded to the PERF survey stated that they have seen an increase in domestic violence due to the poor economy. This is an increase of about 16 percent from the 2010 survey.
]]> In addition, a 2009 study conducted by the National Domestic Violence Hotline found that financial stress was a significant factor in "intensifying and escalating" incidents of abuse.So does the fact that many domestic violence offenses are committed because of financial stress, something many of us are experiencing today, make it right or okay? No, of course not. Hopefully, however, judges are taking these factors into consideration when convicting and sentencing first-time domestic abuse offenders. There is a difference between habitual violent offenders and people who make mistakes, and it is important that the court system recognizes that and treats defendants accordingly.
Source: USA Today, "Domestic violence rises in sluggish economy, police report," Kevin Johnson, April 30, 2012
]]>According to court documents, the incident took place in January 2009. Seattle police were dispatched to a motel at about 1:00 a.m. after a woman called 911 and stated that she was trapped in a room with a man who was threatening to assault her with a knife. At some point during the call, 911 operators spoke with the man, who reportedly stated that he was having an anxiety attack and that by the time police arrived, it would be "too late."
]]> When the responding officers got to the motel, they tried to get into the room, but the man had reportedly barricaded himself against the door. The police broke a window and attempted to subdue the man with a Taser, but he was able to remove the barbs before the device took effect. The man then sprayed an officer with pepper spray and threatened the others with a knife.Police were eventually able to open the door and helped the woman escape through a window. When the man finally left the hotel room, five officers began to fire on him. "It was clear to them that he was intent on hurting somebody," a department spokesman said the following day. The man had previous convictions for robbery, theft and drug crimes.
The man's parents filed a lawsuit against the city, alleging that the officers were unjustified in shooting at their son. The jury disagreed, finding the officers' use of force justified.
What do you think? Should the officers have used force against the man?
Source: Seattle Post-Intelligencer, "Shooting death lawsuit against city dismissed," Casey McNerthney, April 23, 2012
]]>However, this may not be the case for Sandra Husk, one of three current finalists for the position of superintendent of the Seattle school district. In an interview, Seattle School Board President Michael DeBell said that the board was well aware that Husk had a DUI on her record, but that they considered her a viable candidate regardless.
]]> "Obviously everything of relevance goes into a candidate's overall profile, but this was a long time ago," DeBell said. "I think it's something that does happen to people occasionally."The incident in question took place about 12 years ago in Colorado. According to a news report from that time, Husk first grew angry with the arresting officer before assenting to a sobriety test. She was arrested for speeding and driving under the influence, but would later plead guilty to a reduced charge of driving while impaired. She was sentenced to 24 hours of community service and a 12-month alcohol-awareness program.
Husk has not denied the incident, stating that it was a "regrettable mistake in my history, a dramatic and traumatic learning experience for me, and an event that has never been repeated."
This is the case for many people who are arrested for DUI after a simple lapse in judgment led them to drive under the influence. Should these people pay for this mistake for the rest of their lives?
Source: Seattle Times, "Drunken-driving arrest isn't seen as obstacle for superintendent finalist Sandra Husk," Jack Broom and Brian M. Rosenthal, April 19, 2012
]]>The 35-year-old man's legal proceedings concluded this week and included details about his high profile crime spree in which he targeted banks and check-cashing stores. He plead guilty to five counts of first-degree robbery and has already been sentenced in two other Washington counties as well as federal court in Oregon.
]]> Along with his 27 year prison sentence, the man will also serve his federal sentence of 26 years at the same time.In addition, the accomplice to the River Rat's crime spree was also sentenced to 18 years in federal prison for his part in driving the getaway car and helping to plan the robberies.
This case is an example of how robbery charges have serious penalties. The conviction and jail time will affect both defendants for the rest of their lives. If you find yourself in a situation where you have been charged with a robbery offense, not everyone charged with robbery is facing such stiff penalties as these defendants. Seeking advice from a criminal defense attorney will help you understand the charges you face and how it could affect your future. An attorney will work to build you an effective defense for your situation.
Source: The Seattle Times, "River Rat robber sentenced in Clark County, WA," April 17, 2012
]]>In Spokane County, for example, 56 percent of DUI charges were reduced from September 2011 to February 2012. In general, the reduced charges such as reckless driving, reckless endangerment or first-degree negligent driving carry similar penalties to the initial drunk driving charges with which the alleged offender was charged. But reducing the charge significantly lightens the burden on time- and resource-strapped prosecutors.
]]> There are other reasons for the common reduction of drunk driving charges. For example, there is often a shortage of definitive evidence of the driver's blood alcohol level. One prosecutor says that he is trying to get more blood tests in cases where a driver refuses to submit to a breath test, but with a shortage of personnel, that is not often possible.In an effort to reverse the trend toward reduced charges, the Washington Traffic Safety Commission currently funds several special traffic safety prosecutors who help district attorney handle complicated drunk driving cases. There are two such officers in Seattle.
About 40,000 people are arrested for suspected drunk driving in Washington every year, a third of which are repeat offenders, according to the Traffic Safety Commission.
Source: The Spokesman-Review, "Drunken-driving charges under many influences," Chelsea Bannach, April 1, 2012
]]>In the most recent case, the daughter of a police officer was shot by a sibling last month while the children sat unattended in the family van with the officer's weapon. The girl did not survive the shooting. To date, no one in the family has been charged with manslaughter, homicide or a similar crime, and many people are wondering why. The sheriff's office says that the investigations into these types of crimes routinely take this amount of time, and that they hope to turn the case over to prosecutors within a few weeks.
]]> But residents say that other jurisdictions have handled similar cases in much less time, and question why the sheriff's office appears to be dragging its feet. For example, a nearby county filed second-degree manslaughter charges within two weeks against a couple who left their three-year-old son alone in a car with a gun, which led to him accidentally shooting himself. Residents question why charges in the officer's case have already taken more than twice that long.Another county law enforcement agency is under fire for waiting two days to tell the public of an accidental shooting involving the daughter of one of its police officers. In that case, police say they waited to disclose the accident to give the investigators time to handle the case without distraction and to give their officer time to care for his daughter, who thankfully survived the accident.
What do you think? Are there differences in the way police handle cases involving one of their own?
Source: KING 5, "Are cops getting preferential treatment in recent accidental shootings? " April 11, 2012
]]>But one Seattle teacher may have taken it too far this week when he physically attacked a high school student, "slapping and strangling" him after he refused to stop talking during class. Now, the man is facing felony assault charges in connection with the incident. He has also been placed on administrative leave from the school during the criminal investigation.
]]> According to police reports, the chain of events began when a 17-year-old high school student refused to stop talking to another student in class. The teacher approached and confronted the student, and the discussion escalated into a "disturbance" in which the teacher allegedly grabbed the student by the throat and began to choke him.When police arrived at the school, the boy was in the nurse's office. He soon went to a nearby hospital for treatment.
The teacher was arrested and charged with felony assault. He has since been released pending his first court appearance.
The principal of the high school at which the alleged assault took place sent a note home to parents, informing them that the teacher had been placed on leave, and stating that the teacher would not be able to have any contact with students, parents and staff during the investigation.
Source: KING 5 News, "Seattle teacher accused of choking student in class," April 11, 2012
]]>The growing inclusion of ignition interlock devices in criminal DUI laws has gone largely unchallenged in the U.S. court system. But many defendants in Kent and throughout the state who are forced to install and maintain the devices for several months likely wonder one thing: how can ignition interlocks be legal under the U.S. Constitution?
]]> The main reason that ignition interlock devices are legal is that driving is a privilege, not a right. Neither the state nor the federal constitution dictates that every citizen has the right to drive. Therefore, the government may restrict driving privileges as it decides is necessary to ensure public safety, and order people who have been found endangering the public by driving under the influence to install the device.In addition, ignition interlock devices are legal because they are part of a scheme of criminal punishment. People who are convicted of crimes must comply with 'reasonable restrictions as imposed by the court,' including ignition interlock devices.
But the fact that ignition interlocks are legal does not mean that they are a tough punishment. In addition to complying with the process of operating the device, people who are ordered to install the interlocks must also pay for their installation and maintenance, at a total cost of several hundred dollars in some cases.
Source: Reuters, "Are Ignition Interlock Devices Legal?" Stephanie Rabiner, Mar. 22, 2012
]]>With the ruling, the Supreme Court decision solidified a law that has been hotly debated in federal appellate courts in Washington and throughout the country. This ruling was no exception, with a narrow 5-4 majority finding that people who are arrested for nonviolent criminal charges such as driving without a driver's license, failing to pay child support or violating a dog leash law can be subjected to a strip search. The person does not need to be convicted of a crime, they must simply be arrested.
]]> The case arose from a 2005 incident in which a man was arrested for an alleged failure to pay a fine. The police information later turned out to be incorrect - the man had actually previously paid the fine.Regardless, the man was held in jail for a week, and he was subjected to two invasive strip searches. He filed a lawsuit against the county, alleging that his strip search had violated his Fourth Amendment protection against unreasonable search and seizure.
Writing for the four dissenters, Justice Stephen Breyer stated that strip searchers were "a serious affront to human dignity and to individual privacy," and should only be used in situations where they are truly warranted. However, with the new court ruling, that will no longer be the case.
Source: New York Times, "Supreme Court Ruling Allows Strip-Searches for Any Offense," Adam Liptak, April 2, 2012
]]>Recent statistics indicate that for every 40,000 drunk driving arrests that are made in Washington each year, about 500 involve people driving with children in the car. These statistics, and the desire to protect children, have inspired members of Mothers Against Drunk Driving (MADD) to lobby for the changes.
]]> Under the new law, if a Washington resident is charged with drunk driving while a child under the age of 16 is riding in the car, the following penalties will be imposed:In addition, related convictions including DUI, vehicular assault DUI, or vehicular homicide will result in stiffer penalties that could include an additional year in prison for each child in the vehicle at the time of the crime.
Drunk driving charges are no fun, and the new laws impose even more serious penalties if a child is in the vehicle at the time of the offense. This makes it increasingly important that you have an experienced attorney on your side if you face such charges in Washington.
Source: The Seattle Medium, "New Law Makes Life Harder For Drunk Drivers With Kids In The Car," March 21, 2012
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