State v. Anderson

111 Wash. App. 317
Court of Appeals of Washington·Decided April 23, 2002·No. No. 19609-7-III·Published·Cited by 8 cases

Opinion

Sweeney, J.

This appeal is taken from convictions for two counts of intimidating a witness. At the heart of Darrell Anderson’s appeal is his argument that he did not intend, nor did he communicate directly, the threats that prompted this prosecution. The statute, however, is clear that the threat can be communicated “directly or indirectly.” RCW 9A.04.110(25); RCW 9A.72.110(3)(a). Accordingly, we affirm the convictions.

FACTS

Darrell Anderson convinced himself that Nelda Guajardo, an investigator with Child Protective Services (CPS), had altered a document. The State had placed his children in its custody. Mr. Anderson and his uncle met with Mrs. Guajardo to discuss the matter. The exchange was acrimonious.

Mr. Anderson called his community corrections officer, Carol Nickerson, and threatened Mrs. Guajardo: “Nelda is fucked and she better watch out.” Report of Proceedings [319] (RP) at 24. Ms. Nickerson told her supervisor, Rigoberto Guajardo, who is also Mrs. Guajardo’s husband.

That evening CPS workers apparently woke Mr. Anderson’s children during a random unscheduled check on them. Mr. Anderson’s uncle responded by calling Mrs. Guajardo at home. He asked her what it was like to be woken up in the middle of the night, and what it was like to have her sleep disturbed. Mrs. Guajardo hung up.

Mr. Anderson called the Guajardo household a few minutes later. Mr. Guajardo answered and would not allow Mr. Anderson to speak with his wife. Mr. Guajardo hung up the phone without letting Mr. Anderson speak to Mrs. Guajardo. Mrs. Guajardo called the police.

Ina Carpenter, a child welfare case worker, began working with Mr. Anderson’s family in October 1999. The State had placed Mr. Anderson’s children in protective custody. They were returned to their mother, Dea Green, but later returned to foster care.

On April 9, 2000, Mr. Anderson wrote his mother a letter from jail. It read:

I’m afraid for a few people when I get out and find my boys in foster home. I will and I promise, I will go to prison for life for multiple MURDERS. .. . Ida [Ina Carpenter] is my first stop and Dea will be my last stop, with a few people in between, (ie foster parents) My boys will not live in the system like I did. . . .
When I get out I’ll try by the book once and only once to get my boys, then shit will hit the fan. I will not fuck around when it comes to them anymore.

Pl.’s Ex. 1.

On April 11, 2000, police responded to a call over a dispute between Mr. Anderson’s mother and Ms. Green. Mr. Anderson’s letter was turned over to the police.

The State charged Mr. Anderson with two counts of intimidating a witness in violation of RCW 9A.72.110(2). One count was for threats regarding Mrs. Guajardo, and one count was for threats regarding Ms. Carpenter. Following a bench trial, the court convicted Mr. Anderson of both.

[320] INTIMIDATING A WITNESS

Necessity of Communication

Mr. Anderson argues that he never intended that his letter would be read by anyone other than his mother. He wrote on the top: “Throw this in the trash when done reading it please!” Pl.’s Ex. 1. And Ms. Carpenter saw the letter only after the police took it involuntarily from Mr. Anderson’s mother. And as for the phone calls, he argues that he never spoke to Mrs. Guajardo, only to her husband. And no threats were conveyed.

The State responds that Mr. Anderson’s challenge fails because there is no requirement that the defendant intend that the threat reach the victim.

Standard of Review

The test here is whether, after viewing the evidence in a light most favorable to the State, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Potts, 93 Wn. App. 82, 86, 969 P.2d 494 (1998); State v. Bridge, 91 Wn. App. 98, 100, 955 P.2d 418 (1998). A claim of insufficiency admits the truth of the State’s evidence and all inferences that reasonably can be drawn therefrom. State v. Walton, 64 Wn. App. 410, 415, 824 P.2d 533 (1992). And we defer to the trier of fact. Id. at 415-16.

Statute

It is a crime to intimidate a witness: “A person also is guilty of intimidating a witness if the person directs a threat to a former witness because of the witness’s role in an official proceeding.” RCW 9A.72.110(2). Aformer witness includes “[a] person whom the actor knew or believed may have provided information related to a criminal investigation or an investigation into the abuse or neglect of a minor child.”1 RCW 9A.72.110(3)(c)(iv).

[321] “Threat” means to communicate, directly or indirectly the intent:
(a) To cause bodily injury in the future to the person threatened or to any other person; or
(j) To do any other act which is intended to harm substantially the person threatened or another with respect to his health, safety, business, financial condition, or personal relationships!.]

RCW 9A.04.110(25).

Letter Containing Threat to Ms. Carpenter

Mr. Anderson argues that the evidence is insufficient to support his conviction. He did not intend that his letter reach Ms. Carpenter. The question is whether that intention is necessary. And no Washington case directly addresses this question.

The issue has, however, been addressed in another context — intimidating a judge. State v. Hansen, 122 Wn.2d 712, 862 P.2d 117 (1993).

In Hansen, the court held that whether the defendant intended that his threats would reach the judge was irrelevant. Id. at 717-18. The court stated:

[W]hoever threatens a judge, either directly or indirectly, e.g., through a third person, because of an official ruling or decision by that particular judge, is chargeable under [the intimidating a judge statute]. The threat may ultimately find its way to the judge, but that is irrelevant with regards to the commission of the crime.

Id. at 718 (emphasis added).

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

State v. Anderson, 111 Wash. App. 317 (Wash. Ct. App. 2002).

111 Wash. App. 317 (State v. Anderson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State Of Washington v. William Ricardo Lowe
Court of Appeals of Washington, 2020
State v. Ozuna
Washington Supreme Court, 2015
State of Washington v. Adrian Bentura Ozuna
Court of Appeals of Washington, 2014
State v. Williamson
120 Wash. App. 903 (Court of Appeals of Washington, 2004)
State v. Anderson
44 P.3d 857 (Court of Appeals of Washington, 2002)