Attorney Matthew Swisher won a DUI trial on April 14 after gutting the prosecution’s case with a pretrial motion to exclude evidence because the arresting officer did not offer his client a Spanish interpreter.

The jury in Clark County District Court deliberated approximately 40 minutes before returning a verdict. Left to wonder why they didn’t hear about any field sobriety tests, a breath test or a blood draw, the six-member jury unanimously voted “not guilty.”

What jurors didn’t know was Swisher successfully argued in a pretrial motion that any post-arrest statements and the defendant’s refusal of a breath test should be excluded because a language barrier that prevented the defendant from waiving his rights knowingly, intelligently, and voluntarily. The defendant spoke only Spanish, while the officer spoke only English.

Attorneys Neil Anderson and Katie Kauffman won a trial Nov. 28 for a client accused of first-degree assault in the February 2021 shooting of a Vancouver man in the parking lot of an apartment complex.

The client, who has been in custody since the incident on $300,000 bail, was acquitted on all charges and released from the Clark County Jail after Anderson and Kauffman successfully argued that the shooting was in self-defense.

A jury returned the verdicts after deliberating approximately three hours.

Jurors heard testimony last week before the Thanksgiving holiday, and then returned to court Nov. 28 for closing arguments and deliberations.

The client was initially charged with attempted murder. Prosecutors amended the charge down to first-degree assault, a class A felony, with a firearm enhancement less than a month before trial. He was also charged with drive-by shooting, a class B felony. If convicted he faced between 14 and 17 years in prison.

Attorneys Neil Anderson and Katie Kauffman were each honored March 11 for their excellence in the courtroom.
Anderson was awarded Trial Attorney of the Year by the Clark County Bar Association at its annual Barrister’s Ball at the AC Marriott Vancouver Waterfront.
Kauffman was given the Rising Star award at Lewis & Clark Law School’s Distinguished Honors Dinner at the Waverley Country Club in Portland.
Both Kauffman and Anderson have felony caseloads of court-appointed cases at Vancouver Defenders and represent retained clients as well.
Anderson, a 1996 graduate of Seattle University School of Law, has been practicing in Clark County since 1999. He was hired by Jeff Barrar, founder of Vancouver Defenders, in 2006.
“Last year, he had six felony jury trials,” said Christie Emrich, owner of Vancouver Defenders, who introduced Anderson at the Barrister’s Ball. “For those who don’t practice in criminal law, that’s a lot. Neil is a criminal defense attorney. We’re not supposed to win. He’s a public defender. We’re really not supposed to win. Neil had those six trials and he had five wins, essentially.” At three trials, juries found Anderson’s clients not guilty. One trial ended in a hung jury, and in another his client was acquitted of a high-level felony but found guilty of a misdemeanor. Only once was his client found guilty as charged.

Attorney Matthew Swisher won a bench trial Oct. 27 for a client charged with physical control of a vehicle while under the influence, a gross misdemeanor punishable by up to one year in jail.

Clark County District Court Judge Chad Sleight acquitted Swisher’s client of the charge, ruling that Swisher had proven his client had been safely off the roadway at the time of his arrest.

Swisher’s client was arrested in 2021 after a Cowlitz Tribal Police officer noticed a car in the parking lot of the Cowlitz Crossing convenience store that was not in a parking space. It was 4 a.m. and the officer saw a male asleep in the driver’s seat. The officer could also see empty bottles of alcohol in the front passenger seat. The officer knocked on the driver’s window and asked the client to step out of the vehicle. He said when the man got out of the vehicle and spoke to him he could smell the odor of intoxicants and observed the man’s bloodshot, watery eyes, flushed face and slurred speech.

The client admitted he had been drinking. He refused to perform field sobriety tests.