State of Washington v. David Winsor Richins

CourtCourt of Appeals of Washington
DecidedOctober 30, 2025
Docket40354-8
StatusUnpublished

This text of State of Washington v. David Winsor Richins (State of Washington v. David Winsor Richins) 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
State of Washington v. David Winsor Richins, (Wash. Ct. App. 2025).

Opinion

FILED OCTOBER 30, 2025 In the Office of the Clerk of Court WA State Court of Appeals, Division III

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE

STATE OF WASHINGTON, ) ) No. 40354-8-III Respondent, ) ) v. ) ) DAVID WINSOR RICHINS, ) UNPUBLISHED OPINION ) Appellant. )

COONEY, J. — David Richins was charged with attempted rape of a child in the

second degree, attempted child molestation in the second degree, communication with a

minor for immoral purposes, attempted endangerment with controlled substance,

possession of a controlled substance, and attempted tampering with physical evidence.

The charges stem from a pedophile sting operation conducted by the Kittitas County

Sheriff’s Office.

At the conclusion of a jury trial, Mr. Richins was found guilty on all but the

attempted endangerment with controlled substance charge. 1 Mr. Richins appeals,

1 The court dismissed the attempted endangerment with controlled substance at the end of the State’s case. No. 40354-8-III State v. Richins

arguing: (1) the evidence was insufficient to support a conviction for attempted tampering

with evidence; (2) the prosecutor engaged in prejudicial misconduct; (3) the sting

operation amounts to police misconduct; (4) he was deprived of his right to due process

due to outrageous police conduct; and (5) he received ineffective assistance from his trial

attorney. Mr. Richins also raises two issues related to his sentence in a statement of

additional grounds for review (SAG). We disagree with each of Mr. Richins’ arguments

and affirm.

BACKGROUND

In 2023, the Kittitas County Sheriff’s Office conducted a pedophile sting operation

as part of the Washington State Internet Crimes Against Children task force. In October

2023, Detective Drew Sinclair coordinated with a website called “Skip the Games” to

conduct an undercover investigation. Clerk’s Papers (CP) at 2. Detective Sinclair

described Skip the Games as an online escort service frequented by people seeking

prostitutes. Skip the Games cooperates with law enforcement to prevent its website from

being used for child exploitation and human trafficking.

On December 6, 2023, Detective Sinclair placed an ad on Skip the Games,

representing that the ad was posted by a 19-year-old female from Ellensburg named

“Alex.” Rep. of Proc. (RP) at 207. The ad read, “hey, I’m Alex and I’m from E-Burg.

I’m just trying to make some extra, and then a dollar sign. I’ve never done this before, so

be patient and don’t be a jerk.” RP at 207. Mr. Richins responded to the ad via text

2 No. 40354-8-III State v. Richins

message. The text messages “Alex” received were verified as sent from Mr. Richins’

phone number. Mr. Richins sent four messages to “Alex” before “Alex” responded.

“Alex” first responded, “Im [sic] so sorry . . . that wasnt [sic] supposed to post,” followed

by “I was just messing around. Im [sic] 13. It wasnt [sic] supposed to be real.” Ex.

PLA-003 at 1. Thereafter, Mr. Richins and “Alex” traded photographs. Detective

Sinclair used an age regressed image of Deputy Elizabeth Spurling, who was

approximately 22 years old at the time, to pose as “Alex.”

Mr. Richins eventually introduced the topic of sex into the conversation and

suggested the two meet in person. On December 19, Mr. Richins asked Alex, “Do you

think you’ll be able to get away for awhile to see me?” Ex. PLA-003 at 6. “Alex”

responded by suggesting she could stay with a friend, an offer Mr. Richins encouraged

her to pursue. The conversation between the two then became sexually explicit. Mr.

Richins eventually arranged to meet “Alex” near a Pizza Hut in Ellensburg. He was

arrested upon his arrival.

At the time of his arrest, Mr. Richins’ vehicle displayed a license plate for a

different vehicle. A search of Mr. Richins’ vehicle yielded the correct license plate for

his vehicle. Numerous other items were found in Mr. Richins’ vehicle, including: a

suitcase with hygiene products and nearly 24 grams of methamphetamine; a pipe for

ingesting methamphetamine; condoms and lubricant; a laptop computer; and a gift bag

that contained a candle, chocolates, body spray, jewelry, tissue paper, a teddy bear, a

3 No. 40354-8-III State v. Richins

coloring book, and some Reese’s candy. Mr. Richins’ vehicle and laptop computer were

eventually released to an acquaintance, Terry Mendoza.

While in custody, Mr. Richins communicated with Ms. Mendoza and requested

she “go on the find my app select my phone. Mark it as lost and erase it.” Ex. PLA-016.

Detective Sinclair testified at trial that he did not “know for a fact that—that [Mr.

Richins] was telling [Ms. Mendoza] to erase the data on his phone.” RP at 346. A “hand

search” of Mr. Richins’ phone revealed that “Alex, 13” was saved as a contact, and

Detective Sinclair located a test text message that he had earlier sent. RP at 305.

Mr. Richins was charged with attempted rape of a child in the second degree,

attempted child molestation in the second degree, communication with a minor for

immoral purposes, attempted endangerment with controlled substance, possession of a

controlled substance, and attempted tampering with physical evidence. The charges were

tried to a jury. At the conclusion of trial, the jury found Mr. Richins guilty on all but the

attempted endangerment with controlled substance charge. He was later sentenced to 89

months on the attempted rape of a child in the second degree charge with the sentences

on the other convictions running concurrently. Mr. Richins was placed on community

custody for life.

Mr. Richins timely appeals.

4 No. 40354-8-III State v. Richins

ANALYSIS

ATTEMPTED TAMPERING WITH PHYSICAL EVIDENCE

Mr. Richins argues the State failed to prove beyond a reasonable doubt each

element of the crime of attempted tampering with physical evidence. While Mr. Richins’

specific argument is unclear, we surmise he is claiming the evidence was insufficient to

support a conviction because no data was found on his phone that was relevant to this

case and uncertainty existed as to whether he directed Ms. Mendoza to erase data from

his phone. We disagree with his arguments.

The due process clause of the Fourteenth Amendment to the United States

Constitution requires the prosecution to prove beyond a reasonable doubt every fact

necessary to constitute the crime charged. In the Matter of Winship, 397 U.S. 358, 363,

90 S. Ct. 1068, 25 L. Ed. 2d 368 (1970). The sufficiency of the evidence is a question of

law this court reviews de novo. State v. Rich, 184 Wn.2d 897, 903, 365 P.3d 746 (2016).

“In claiming insufficient evidence, the defendant necessarily admits the truth of the

State’s evidence and all reasonable inferences that can be drawn from it.” State v.

Homan, 181 Wn.2d 102, 106, 330 P.3d 182 (2014), abrogated by State v. Roberts, _

Wn.3d _, 572 P.3d 1191 (2025).

“The test for determining the sufficiency of the evidence is whether, after viewing

the evidence in the light most favorable to the State, any rational trier of fact could have

found guilt beyond a reasonable doubt.” State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d

5 No. 40354-8-III State v. Richins

1068 (1992). When analyzing a sufficiency of the evidence claim, all reasonable

inferences must be drawn in favor of the State. Id.

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In Re WINSHIP
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State v. Hairston
946 P.2d 397 (Washington Supreme Court, 1997)
State v. White
907 P.2d 310 (Court of Appeals of Washington, 1995)
Hurlbert v. Gordon
824 P.2d 1238 (Court of Appeals of Washington, 1992)
State v. Dietrich
453 P.2d 654 (Washington Supreme Court, 1969)
State v. McFarland
899 P.2d 1251 (Washington Supreme Court, 1995)
State v. Gore
681 P.2d 227 (Washington Supreme Court, 1984)
State v. Salinas
829 P.2d 1068 (Washington Supreme Court, 1992)
State v. Monday
257 P.3d 551 (Washington Supreme Court, 2011)
State v. Thorgerson
258 P.3d 43 (Washington Supreme Court, 2011)
West v. Thurston County
275 P.3d 1200 (Court of Appeals of Washington, 2012)
State v. Reichenbach
101 P.3d 80 (Washington Supreme Court, 2004)
State v. Emery
278 P.3d 653 (Washington Supreme Court, 2012)
State v. Fisher
202 P.3d 937 (Washington Supreme Court, 2009)
State v. Nichols
162 P.3d 1122 (Washington Supreme Court, 2007)
State v. Williams
65 P.3d 1214 (Washington Supreme Court, 2003)
State v. Patel
242 P.3d 856 (Washington Supreme Court, 2010)
Milligan v. Thompson
42 P.3d 418 (Court of Appeals of Washington, 2002)

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