State Of Washington, V. Richard R. Perry, Jr.

CourtCourt of Appeals of Washington
DecidedMarch 24, 2026
Docket59886-8
StatusUnpublished

This text of State Of Washington, V. Richard R. Perry, Jr. (State Of Washington, V. Richard R. Perry, Jr.) 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. Richard R. Perry, Jr., (Wash. Ct. App. 2026).

Opinion

Filed Washington State Court of Appeals Division Two

March 24, 2026

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON

DIVISION II STATE OF WASHINGTON, No. 59886-8-II

Respondent,

v. UNPUBLISHED OPINION RICHARD ROY PERRY, JR.,

Appellant.

PRICE, J. — In 2021, Community Corrections Officers (CCO) found three firearms in two

different vehicles owned by Richard R. Perry, Jr. The State charged Perry with three counts of

first degree unlawful possession of a firearm. A jury found Perry guilty as charged, and the trial

court imposed an exceptional sentence under RCW 9.94A.535(2)(c), the free crimes aggravator.

Perry appeals, arguing that (1) insufficient evidence supports his convictions for three

counts of first degree unlawful possession of a firearm, (2) the trial court erroneously allowed for

the admission of testimonial hearsay, and (3) because of the Unites States Supreme Court’s recent

opinion in Erlinger v. United States,1 the trial court violated his constitutional rights by imposing

an exceptional sentence without a jury finding. We affirm.

1 602 U.S. 821, 144 S. Ct. 1840, 219 L. Ed. 2d 451 (2024). No. 59886-8-II

FACTS

I. BACKGROUND

In 2021, the Department of Corrections (DOC) was monitoring Perry for compliance with

community custody conditions imposed as a result of past criminal convictions. On June 16, 2021,

based on information that Perry had possession of firearms in violation of these conditions, the

CCOs searched Perry’s house in Winlock. The CCOs found two firearms in Perry’s black Durango

SUV at his Winlock home: a .38 caliber Colt revolver (.38 revolver) and a 5.56 caliber

Diamondback assault rifle (assault rifle). The CCOs also found a third firearm in the red Raptor

pickup that Perry had driven to the DOC offices: a .40 caliber Smith & Wesson semiautomatic

pistol (.40 semiautomatic). The State charged Perry with three counts of unlawful possession of a

firearm: count 1 for the .40 semiautomatic, count 2 for the .38 revolver, and count 3 for the assault

rifle.

II. TRIAL

At Perry’s jury trial, CCO Christina Evens,2 CCO Tyson Cooper, CCO Jeff Gunsolley, and

Corrections Specialist (CS) Debora Byers testified for the State. Perry’s friend Jessica Nanney

testified for the defense.

A. CCO EVENS TESTIMONY

CCO Evens testified that she was supervising Perry while he was on community custody.

CCO Evens was responsible for ensuring that Perry followed his community custody conditions,

2 CCO Evens later changed her last name to “Moody” after leaving the DOC, but because the record largely refers to her as “Evens,” for clarity and consistency, we will defer to that name for this opinion.

2 No. 59886-8-II

including conditions prohibiting him from possessing any firearms or related contraband. On

May 14, 2021, CCO Evens and her field partner, CCO Cooper, conducted a home visit at Perry’s

Winlock home. At that time, Perry lived in the home with Jaimie Nieves—his wife,3 Carlos

Nieves4—Jaimie’s son, and Jacob Huble5—another person on DOC supervision. Perry was also

operating a mechanic business in a shop on the property.

As the CCOs were ending the home visit, CCO Evens saw a shell casing in the driveway.

CCO Cooper testified that the shell casing was for a .223 rifle and likely had been fired from an

AR-15. CCO Evens explained that the shell casing made her concerned that there may be firearms

on the property.

CCO Evens testified that when a person on supervision potentially possesses firearms,

CCOs use a team to safely conduct a search. So CCO Evens contacted CCO Gunsolley to plan

and execute the search of Perry’s Winlock home. The two agreed that CCO Gunsolley would take

lead on the day of the search and that CCO Evens’ primary role would be to detain Perry during

his upcoming check-in appointment at the DOC office.

On June 16, 2021, Perry arrived at the DOC office in a Raptor pickup. While CCO Evens

met with Perry, CS Byers watched Perry’s pickup in the parking lot. CCO Evens testified that she

3 In his opening brief, Perry said that the record “incorrectly” referred to Nieves as Perry’s wife. Opening Br. at 13. But during his statement to the trial court at sentencing, Perry referred to Nieves as “[his] wife.” Verbatim Rep. of Proc. at 358. Based on Perry’s statement, we refer to Nieves as Perry’s wife. 4 Because Carlos and his mother Jamie share a last name, we refer to Carlos by his first name. We intend no disrespect. 5 The State indicates that Huble’s name is spelled incorrectly in the record. Nevertheless, we use the spelling of Huble as transcribed at trial for clarity.

3 No. 59886-8-II

told Perry that CCOs would be conducting a search of his Winlock home and then she transported

Perry there.

B. CCO GUNSOLLEY TESTIMONY

CCO Gunsolley testified that he coordinated the search of Perry’s Winlock home with

CCOs Evens and Cooper. When CCO Gunsolley and his team arrived at Perry’s property, Carlos

was in the process of leaving the property in Perry’s Durango SUV. CCO Gunsolley had Carlos

step out of the SUV so that the CCOs could search it. CCOs found a .38 caliber Colt revolver, an

unloaded 5.56 caliber Diamondback assault rifle with at least one loaded magazine, gun safes with

multiple rounds of .38 and .40 caliber ammunition, .223 caliber rifle ammunition, multiple

.40 caliber and additional assault-rifle magazines, several other gun parts and scopes, and multiple

police scanners.

Then the CCOs searched the house and Perry’s shop. In the house, CCO Gunsolley

testified that he and his team found two hidden compartments, one inside a shelf in the living room

and one inside a shelf in Perry’s bedroom. The concealment shelf in the living room fit two

firearms and three magazines. The cutouts within the concealment shelf in the living room

matched a .38 revolver (found in the SUV) and a .40 semiautomatic (later found in the pickup).

The cutout inside the concealment shelf in Perry’s bedroom matched the assault rifle (found in the

SUV). In Perry’s shop, the CCOs found tactical gear and a box of firearm-related items, including

holsters, gun lights, ammunition, and magazines. The CCOs also found a Samsung Pay SoFi bank

card with the name “Rick Perry” on it in the box of firearm-related items.

CCO Gunsolley testified that he then returned to the DOC office to assist in the search of

Perry’s pickup. In the pickup, the CCOs found a .40 semiautomatic.

4 No. 59886-8-II

CCO Gunsolley admitted that they did not find any guns inside the house or the shop, but

he explained that each of the guns they had found in Perry’s SUV and Perry’s pickup fit into the

concealment shelves in Perry’s home.

C. CCO COOPER TESTIMONY

CCO Cooper testified that prior to the search of Perry’s home, he had received “additional

information” from another person that had prompted the CCOs to look for firearms.6 Verbatim

Rep. of Proc. (VRP) at 139. CCO Cooper identified the other person as Huble, the former resident

at the Winlock home who was also on DOC supervision. CCO Cooper shared this information

with CCO Gunsolley. Perry did not object to this initial testimony.

Later during his testimony, CCO Cooper made two additional references to the information

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Guloy
705 P.2d 1182 (Washington Supreme Court, 1985)
State v. Easter
922 P.2d 1285 (Washington Supreme Court, 1996)
State v. Salinas
829 P.2d 1068 (Washington Supreme Court, 1992)
State v. Edwards
514 P.2d 192 (Court of Appeals of Washington, 1973)
State v. Jasper
271 P.3d 876 (Washington Supreme Court, 2012)
State v. Jasper
245 P.3d 228 (Court of Appeals of Washington, 2010)
State v. Anderson
254 P.3d 815 (Washington Supreme Court, 2011)
State v. George
193 P.3d 693 (Court of Appeals of Washington, 2008)
State v. Turner
13 P.3d 234 (Court of Appeals of Washington, 2000)
State v. Alvarado
192 P.3d 345 (Washington Supreme Court, 2008)
State v. Reichert
242 P.3d 44 (Court of Appeals of Washington, 2010)
In re the Personal Restraint of Cross
327 P.3d 660 (Washington Supreme Court, 2014)
State v. Easter
922 P.2d 1285 (Washington Supreme Court, 1996)
State v. Alvarado
164 Wash. 2d 556 (Washington Supreme Court, 2008)
State v. Anderson
171 Wash. 2d 764 (Washington Supreme Court, 2011)
State v. Rich
365 P.3d 746 (Washington Supreme Court, 2016)
State v. Turner
103 Wash. App. 515 (Court of Appeals of Washington, 2000)
State v. George
146 Wash. App. 906 (Court of Appeals of Washington, 2008)
State v. Reichert
158 Wash. App. 374 (Court of Appeals of Washington, 2010)
State v. Jasper
245 P.3d 228 (Court of Appeals of Washington, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
State Of Washington, V. Richard R. Perry, Jr., Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-washington-v-richard-r-perry-jr-washctapp-2026.