Blog

Legal news and analysis from the largest criminal defense firm in Southwest Washington, Jeffrey D. Barrar, P.S.

Kauffman saves client from felony sex conviction

Katie Kauffman didn’t try and excuse her client’s behavior, which she acknowledged to a Clark County Superior Court jury was incredibly gross.

But his actions – masturbating and getting ejaculate on a woman who was next to him – constituted a misdemeanor, she argued, not a felony.

The 12-member jury unanimously agreed. After deliberating about two hours on April 24, the jury returned a verdict of not-guilty of attempted indecent liberties and guilty of fourth-degree assault.

Her client was also convicted of felony bail jump, which wasn’t a surprise because he missed a mandatory pre-trial court appearance and didn't have a reason for why he missed it. 

The fact the jury was even allowed to consider a lesser charge was a win for Kauffman. When she and a deputy prosecuting attorney were arguing about which instructions would be read to the jury before deliberations, she asked Judge Derek Vanderwood to include the lesser offense. The deputy prosecutor objected, but Kauffman convinced Vanderwood the elements of the crime met legal and factual requirements to be considered misdemeanor assault.

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Judge dismisses case for client found mentally incompetent

Attorney Neil Anderson successfully argued this week that his client’s constitutional right to due process had been violated by an unacceptably long wait time to be transported from the Clark County Jail to Western State Hospital.

At the end of the March 21 hearing, District Court Judge Chad Sleight granted Anderson's motion to dismiss the charge of fourth-degree assault domestic violence, a gross misdemeanor, over the objection of a Vancouver assistant city attorney. 

Long waiting lists for beds at Western State Hospital, an inpatient psychiatric hospital near Tacoma, has been a problem for years. The state has paid millions in fines for being unable to admit patients in accordance with court orders.

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Sloppy work by police, prosecutors makes for quick acquittal

Attorney Tim Murphy won a trial this week for a client charged with criminal trespass in the first degree, a gross misdemeanor punishable by up to one year in jail and a $5,000 fine.

After the jury was sent to deliberate, a Clark County deputy prosecutor was filling out post-conviction paperwork that wouldn’t be necessary. The jury was out fewer than 20 minutes before returning with a “not guilty” verdict.

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Crime or kink? Jury acquits man who tied up girlfriend

Attorney Zeed Meyer won a Clark County District Court trial March 9 for a client charged with assaulting his girlfriend.

Based on police reports, this did not appear to be a strong case for the defense: a woman called 911 to report that she woke up to her boyfriend pulling down her pants; her wrists had been in restraints. A responding officer photographed her bloody lip, which she said was caused by her boyfriend stuffing a pair of underwear in her mouth. She also said her boyfriend headbutted her, and, after the restraints were removed, pushed her to the ground during an argument.

So how did Meyer get a “not guilty” verdict, which was reached by the Clark County District Court jury after 20 minutes of deliberations?

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Jury quickly acquits client in hit-and-run

Attorney Ross Meyers picked up a quick victory this week in Clark County District Court, as a jury deliberated only 15 minutes before unanimously voting to acquit his client of hit-and-run of an unattended vehicle. 

Meyers’ client, who has no criminal history, could have faced up to 90 days in jail and ordered to pay an $1,000 fine if he had been convicted of hit and run unattended, a misdemeanor.

The owner of a damaged 2001 Honda Accord said she was out of town when her vehicle, which she had left parked on the street outside her West Minnehaha neighborhood home, was hit. She came home to discover that the front bumper on the driver’s side had been smashed in, and the headlight broken.

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Kauffman wins domestic violence assault trial

Attorney Katie Kauffman won a trial on Jan. 11 in Clark County District Court for a client charged with assaulting his wife.

An assistant city attorney took the case to trial despite the alleged victim making it clear that her husband had been very drunk, she’d been injured by accident and she wanted the assault charge dropped.

An assistant city attorney argued he should be able to let the jury know that Kauffman’s client had prior convictions for assault. Kauffman won that argument, however. Judge Chad Sleight said the jury wouldn’t hear about her client’s criminal history unless her client testified and made a statement (such as, “I would never hit anyone on purpose,”) that the prosecutor could then challenge by asking about past convictions.

Kauffman’s client did not testify during the one-day trial.

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"Necessity" not a defense in unlawful camping case, judge ruled

While the Vancouver City Council has been debating whether it should even be a crime to spend the day outside in public spaces, the city attorney’s office continues prosecuting homeless people cited for violating the unlawful camping ordinance.
 
The prohibitions apply during the hours of 6:30 a.m. and 9:30 p.m.
 
City Attorney Bronson Potter said a total of 227 citations were issued in 2016 and 2017. 
 
Attorney Ross Meyers went to trial this month with a client who was charged in July with unlawful camping, a misdemeanor, after a Vancouver police officer found him and his girlfriend in Waterworks Park. They had set up a tent and had their possessions with them.  A day earlier, on the Fourth of July, the client had been given notice by a different police officer that he had to stay out of city parks for a week for violating the unlawful camping ordinance.
 
In addition to unlawful camping, the client was charged with unlawful storage of property and exclusion from parks (for violating the initial notice), both of which are misdemeanors.

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Cole wins DUI trial

Attorney Grant Cole won a DUI trial recently in Clark County District Court. His client had refused to take a breath test, so he was facing a mandatory yearlong suspension of his driver’s license in addition to any jail sentence he may have received had he been convicted.

Driving under the influence, a gross misdemeanor, carries a maximum penalty of one year in jail.

Cole’s client was pulled over by a Vancouver police officer late one night because he had expired tabs and, according to the officer, had taken a wide turn onto Mill Plain Boulevard and then overcorrected to avoid hitting a curb. 

The officer testified that our client’s eyes were bloodshot and he could smell the odor of alcohol, but he wasn’t confident he had had probable cause to arrest him for DUI. He knew that a Washington State Patrol trooper, a certified expert at administering roadside field sobriety tests, was on duty and nearby, so he asked for him to come to the scene.

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Trial ends abruptly after key witness acknowledges mistake

Attorney Tim Murphy won a dismissal this week for a client, whose trial on a theft charge came to an abrupt end when the state’s only witness, a Wal-Mart security officer, admitted that the store may have actually overcharged the defendant.

Murphy’s client was cited in June 2016 for stealing $21 worth of merchandise from Wal-Mart. She was charged with theft in the third degree, a gross misdemeanor punishable by up to one year in jail.

The case dragged on for 17 months. At one point the city of Vancouver dismissed it, but then decided to refile the charge.

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Client acquitted of assaulting grandmother

Attorney Gregger Highberg won a not-guilty verdict this week in Clark County District Court for a client charged with assaulting his grandmother.

Based on the 911 call alone, the evidence seemed to favor the prosecution. Both the grandmother and her daughter (the client’s mother) sounded scared during the 911 call, which was played twice during the Nov. 15 trial. The grandmother says her grandson won’t leave, and “I want him arrested, he’s in here badgering me, abusing me, and everything else to me, and I want him outta my house, I want him arrested.” Her daughter gets on the phone with the emergency dispatcher, says her mother needs to go to the hospital and can be heard saying, “Don’t touch her, don’t touch her!”

Responding deputies from the Clark County Sheriff’s Office noted in reports that our client appeared intoxicated and they could smell alcohol emanating from him. They also noted, however, that the grandmother didn’t have any visible injuries.

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Jeffrey D. Barrar, P.S.: Vancouver Defenders Jeffrey D. Barrar, P.S.
Vancouver Defenders