Brown v. Department of Corrections

392 P.3d 1081, 198 Wash. App. 1
CourtCourt of Appeals of Washington
DecidedDecember 27, 2016
DocketNo. 73206-4-I
StatusPublished
Cited by6 cases

This text of 392 P.3d 1081 (Brown v. Department of Corrections) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Department of Corrections, 392 P.3d 1081, 198 Wash. App. 1 (Wash. Ct. App. 2016).

Opinion

Schindler, J.

¶1 Twelve-year-old Alajawan S. Brown was shot in the back and died on April 29,2010. On June 17, 2010, the State filed criminal charges of murder in the first degree of Alajawan and unlawful possession of a firearm against Curtis John Walker. Walker pleaded not guilty. Walker asserted he did not shoot Alajawan. Following a three-week trial beginning in January 2012, the jury convicted Walker of murder in the first degree of Alajawan and [4]*4unlawful possession of a firearm in February 2012.1 On November 24,2014, Ayanna Brown and Louis Brown filed a wrongful death action against the State of Washington Department of Corrections (DOC), alleging DOC negligently supervised Walker. DOC asserted the lawsuit was barred by the three-year statute of limitations. The Browns filed a motion for partial summary judgment on the statute of limitations affirmative defense. DOC filed a cross motion for summary judgment dismissal of the lawsuit. The court granted DOC’s motion for summary judgment and dismissed the lawsuit. Because the cause of action against DOC did not accrue until the jury convicted Walker of the murder of Alajawan in February 2012, we reverse summary judgment dismissal of the wrongful death action against DOC. We remand to enter an order dismissing the affirmative defense of statute of limitations and for trial.

April 29, 2010 Shooting

¶2 The material facts are not in dispute. Curtis John Walker, Jonathan Jackson, and Rodriquez Rabun were gang members of the Bloods. On April 29, 2010, Jackson, Rabun, and Walker drove to the Cedar Village Apartments in Skyway. Walker’s spouse, Shaleese Walker, followed in a separate car. Jackson, Rabun, and Walker wore red hats. Jackson carried a chrome .22 caliber handgun. Rabun had a black 9 mm semiautomatic handgun.

¶3 Approximately 25 to 30 rival gang members of the Crips were outside the apartment complex. The Crips wear blue and black. Jackson argued with Crips gang member Earl Barrington. Barrington shot Jackson. Several other people fired shots, including Rabun. Walker got in the car with Shaleese and drove away. Rabun followed in Walker’s car.

¶4 A 7-Eleven is located approximately 200 yards from the Cedar Village Apartments at the intersection of Martin [5]*5Luther King Jr. Way and South 129th Street. Twelve-year-old Alajawan Brown was on the sidewalk near the 7-Eleven. Alajawan was wearing a blue T-shirt and a blue and black jacket. He was shot in the back and killed. Witnesses reported a black male carrying a silver revolver handgun shot Alajawan.

June 17, 2010 Criminal Charges

¶5 On June 17, 2010, the State filed an information charging Walker with murder in the first degree of Alajawan and unlawful possession of a firearm. In the “Request for Bail,” the State asks the court to set bail at $5 million. The request states Walker has a “lengthy and violent” criminal history, was on probation under a drug offender sentencing alternative (DOSA) on April 29, 2010, and “is currently in Department of Corrections custody for violating the terms of his DOSA.”

¶6 Alajawan’s parents, Ayanna and Louis Brown, attended the July 1, 2010 arraignment. At the beginning of the arraignment hearing, Walker’s attorney requested the court not allow the media to film Walker because the identity of the shooter was in dispute.

There are several eyewitnesses, from what I can tell from the [certificate of probable cause], and they give varying accounts, and some — some that may turn out to be inconsistent. The media’s already shown his face and described him somewhat. But considering that he does have the right to the presumption of innocence, that this may come down to other suspects or identity, I would ask that the — the media not film him, to protect his right to a fair trial, ... to cross-examine any witnesses that have already come forward or that may still come forward. I think it’s appropriate, given the circumstances of this case.

The court denied the defense request because “pictures of [Walker] have already been in the media.”

¶7 The defense acknowledged receipt, waived formal reading of the information, and entered a plea of not guilty. [6]*6Defense counsel did not address the amount of bail or release.

¶8 The three-week jury trial began in January 2012. Ayanna and Louis Brown attended the trial every day. Walker asserted he did not shoot Alajawan.

¶9 The State presented evidence about the gang-related shooting at the Cedar Village Apartments and the shooting of Alajawan near the 7-Eleven. Rabun testified that after he pulled up behind Shaleese at the stoplight near the 7-Ele-ven, Walker got out of the car and fired at Alajawan with a chrome-colored revolver. The DNA2 found on the trigger of the gun that shot Alajawan matched the DNA profile of Walker. Walker and Shaleese testified that Rabun shot Alajawan.

¶10 In closing, the State argued Walker shot Alajawan because he thought Alajawan “ ‘was the person who shot [Jackson] or he was a Crips.’ ”3 In February 2012, the jury found Walker guilty of murder in the first degree of Alajawan.

¶11 The Browns attended the March 22, 2012 sentencing. Ayanna Brown spoke at the sentencing hearing. Ayanna said that after listening to the testimony at trial, including the testimony of Walker and his spouse, she believe Walker’s refusal to admit he shot Alajawan showed he had no conscience.

[A]fter listening to you, I learned you are worse than Judas. Do you know who he is? He is the one who betrayed Jesus for 30 pieces of silver. His greed had Jesus killed; but do you know the difference between you and him? Do you [know] what makes him better than you? He had a [conscience]. He knew what he had done, and he was man enough to admit that the blood of an innocent man was on his hands. As a matter of fact, he even [7]*7tried to fix it. He had a conscience. You, sir, don’t. . . . You shot a 12 year old, unarmed, innocent boy in the back.

¶12 The State recommended the court sentence Walker at the high end of the standard sentencing range—548 months plus the mandatory 60-month firearm enhancement.

The reason for the State’s recommendation of the high end is separate and apart from the heart-breaking equities of the fact that there was a 12 year old boy that was killed for no reason. Mr. Walker has a violent history. He has eight convictions for assault, including felony assault, and two domestic violence assaults.
Because of his violent history, he has topped out on his offender score, so the gun charge is basically free crime when you count the offender score. So, I want you to take that into account.
He is also a rapid recidivist. He was on DOSA at the time that this happened. He squandered the chance to do whatever he thought was the result of his drug use, and in fact was selling drugs when this happened, and carrying two guns in spite of being on probation.

¶13 The court sentenced Walker to 608 months in prison.

Wrongful Death Lawsuit

¶14 On September 3, 2014, the Browns filed a wrongful death tort claim against the State. The claim states a jury convicted Walker of murder in the first degree of Alajawan.

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Cite This Page — Counsel Stack

Bluebook (online)
392 P.3d 1081, 198 Wash. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-department-of-corrections-washctapp-2016.