State v. Allen

147 P.3d 581
CourtWashington Supreme Court
DecidedNovember 30, 2006
Docket76912-5
StatusPublished

This text of 147 P.3d 581 (State v. Allen) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Allen, 147 P.3d 581 (Wash. 2006).

Opinion

147 P.3d 581 (2006)

STATE of Washington, Respondent,
v.
Donovan Ben Patrick ALLEN, Petitioner.

No. 76912-5.

Supreme Court of Washington, En Banc.

Argued February 9, 2006.
Decided November 30, 2006.

*582 Reed Manley Benjamin Speir, Attorney at Law, University Place, WA, for Petitioner.

Susan Irene Baur, Cowlitz Co. Prosecutor's Office, Kelso, WA, Pamela Beth Loginsky, Washington Association of Prosecuting Attorney, Olympia, WA, for Respondent.

CHAMBERS, J.

¶ 1 We are asked to determine whether any rational trier of fact could have convicted Donovan Allen of aggravated first degree murder upon the evidence properly admitted in this case. Allen confessed to killing his mother but challenges, among other things, the sufficiency of the evidence that this killing was premeditated and aggravated by robbery. We affirm.

FACTS

¶ 2 About a month after Sharon Cox was killed in her Longview home, her son Allen told a police detective that he had attacked and killed his mother. Because he challenges the sufficiency of the evidence, we will recount some of that evidence in detail. He told the police:

Detective Davis: Can you tell me what happened when you got to her house?
Mr. Allen: We just started arguing about me getting to work on time, how I could lose my job, and me and my kids be [sic] on the street. We started arguing about that and it just blew up.

6 Report of Proceedings (RP) (Trial 2) at 1034-35. He told the police it began as an argument and became physical. Id. at 1035-36. He recounted that:

We wrestled a little bit. She pushed me back. She kept pushing and pushing and pushing. Into the bedroom. Argued more. She pushed me back. (Inaudible) me and fell against the bed. I stand back up and (inaudible) and lost it. I totally went blank and went ballistic and I had no control.
. . . .
We wrestled. And I was using my [telephone] cord against my mother.
. . . .
I strangled her with it.

Id. at 1036-37. He continued:

It snapped.
. . . .
Then we fought a little more. She was still alive. She tried to take off again.
. . .
I just turned around and went in the gun cabinet.
. . . .
I just grabbed my rifle.
. . . .
I swung it twice.
Detective Jacobs: Where did you swing that rifle at?
Mr. Allen: Her head.
. . . .
It flew out of my hands when the rifle connected, the stock broke.
. . . .
I took the rifle, cleaned it up.
. . . .
It had a little bit of blood on the stock.

Id. at 1039-41.

Detective Davis:. . . . And then what did you do next?
. . . .
Mr. Allen: Went back in the house.
. . . .
Detective Davis: And what did you do after you went back into the bedroom?
Mr. Allen: Found the cash box.
. . . .
Picked it up.
. . . .
I left with it.
I walked out of my mom's house. I went (inaudible) to Washington Way going to the slough. Then I realized what I had done, and I threw the cash box as hard as I could at the slough, and then ran like hell back.
. . . .
*583 I sat at the fireplace and then started (inaudible) what happened and ran to my mom.
. . . .
I checked for a pulse. . . . I don't know whether she was alive or not.

Id. at 1041-43.

¶ 3 Allen was charged with aggravated first degree murder, with robbery as the aggravator.[1] Allen successfully moved to exclude some evidence he believed was unfairly prejudicial, including a statement he made in a restaurant restroom to his friend and occasional overnight house guest, Chris Smith, "that he has killed before and can do it again." Clerk's Papers (CP) at 124. The first trial ended with a hung jury.

¶ 4 In the second trial, the trial judge renewed the exclusion of Allen's statement that he had killed before and could kill again. However, the jury heard a taped interview where Allen admitted killing his mother in a rage. Bonnie Walker, the mother of Allen's child, also testified that Allen had reacted violently to his own mother in the past. Walker said he once "had blown up at somethin' that his mother said to him, and destroyed our apartment. . . . He was throwin' stuff around. . . . [H]e punched holes in the wall and kicked a couple holes in the wall." 3 RP (Trial 2) at 562.

¶ 5 On direct examination of Smith, the following exchange took place:

State: And was there one point after [Allen] talked with the police where he made a statement to you about killing?
Smith: Uh-huh.
State: What did he say?
Smith: That he had killed before and he could kill again.

5 RP (Trial 2) at 911. Allen moved for a mistrial based on that exchange, arguing that it violated the exclusion order. After reviewing the trial court's oral exclusion order, the State acknowledged it had inadvertently violated the exclusion order but argued that the "killed before" statement was nevertheless admissible as a declaration against penal interest and therefore Allen was not prejudiced. The trial court agreed. The jury convicted Allen of aggravated first degree murder.

¶ 6 Allen was sentenced to life in prison without parole. The Court of Appeals affirmed (State v. Allen, noted at 126 Wash. App. 1017, 2005 WL 536082 (2005)) and we granted review (State v. Allen, 155 Wash.2d 1018, 124 P.3d 659 (2005)).

ANALYSIS

A. SUFFICIENCY OF THE EVIDENCE

¶ 7 It is first degree murder to cause the death of another person with premeditated intent to kill. RCW 9A.32.030(1)(a). It is aggravated first degree murder to commit first degree murder with any of the aggravating circumstances listed in RCW 10.95.020. One of those aggravators is robbery. RCW 10.95.020(11)(a).

¶ 8 Allen does not challenge the jury's conclusion that he killed Cox. Rather, he challenges the sufficiency of the evidence that he premeditated the killing or committed it in the course or furtherance of a robbery. To prevail, he must show that no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Finch, 137 Wash.2d 792, 835, 975 P.2d 967 (1999); State v. Green, 94 Wash.2d 216, 221, 616 P.2d 628 (1980).

1. Premeditation

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Bluebook (online)
147 P.3d 581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-allen-wash-2006.