State v. Elmi

166 Wash. 2d 209
Washington Supreme Court·Decided May 21, 2009·No. No. 80380-3·Published·Cited by 112 cases

Opinions

C. Johnson, J.

¶1 — We are asked to determine whether under the first degree assault statute, RCW 9A.36.011, intent to inflict great bodily harm transfers to an unintended victim who is uninjured. Ali Elmi was convicted of attempted murder and four counts of first degree assault with a firearm enhancement for firing gunshots into the living room that his estranged wife, Fadumo Aden, occupied along with their three-year-old child and Aden’s three- and five-year-old siblings. No one was physically injured. The [212] Court of Appeals affirmed Elmi’s conviction for assault against the children, finding that Elmi’s intent against Aden transferred to the children. We granted Elmi’s petition for review on the issue of transferred intent. We affirm the Court of Appeals.

FACTUAL AND PROCEDURAL HISTORY

¶2 On May 18, 2002, Elmi telephoned his estranged wife Fadumo Aden and argued with her about renewing car tags for the car they shared. Later that evening, Aden was in the living room of her mother’s house with her two siblings, ages three and five, and her and Elmi’s three-year-old child. Aden heard arguing outside, so she parted the curtains to look out the living room window and saw at least two people arguing near the street. After looking out the window, she sat with the children who were watching television. Seconds later, she heard gunshots piercing the living room window.

¶3 Aden screamed and moved the children to the kitchen where she dialed 911. Aden was frantic as she talked to the operator. The operator could hear children screaming in the background and, at one point, a child’s voice saying that someone was going to kill mommy. Investigating officers found four shell casings within 10 feet of the living room window, three bullet holes in the window, and bullet holes in the curtains, the television screen, and a kitchen cabinet. Several months later, police found a handgun in a car driven by a friend of Elmi. Forensic testing matched the shell casings to the handgun. Elmi was later arrested driving the same car.

¶4 The State charged Elmi with attempted murder and four counts of first degree assault with a firearm enhancement. Aden testified at trial that she could not identify the shooter. She said she told the 911 operator that Elmi fired the shots because he was the first person who came to mind when the operator asked if she knew the shooter. The [213] children did not testify. Aden doubted the children knew what was going on and testified that they were reacting to her screams rather than the gunshots.

¶5 The trial court provided the jury with instruction 20, which addressed transferred intent:

If a person assaults a particular individual or group of individuals with a firearm with the intent to inflict great bodily harm and by mistake, inadvertence, or indifference, the assault with the firearm took affect (sic) upon an unintended individual or individuals, the law provides that the intent to inflict great bodily harm with a firearm is transferred to the unintended individual or individuals as well.

Clerk’s Papers (CP) at 181. The jury rendered a general verdict finding Elmi guilty as charged. The trial court merged one count of first degree assault with the attempted murder conviction and sentenced Elmi accordingly.

¶6 The Court of Appeals affirmed Elmi’s assault convictions against the children. State v. Elmi, 138 Wn. App. 306, 156 P.3d 281 (2007).1 In doing so, the court applied the reasoning from State v. Wilson, 125 Wn.2d 212, 883 P.2d 320 (1994), to conclude, consistent with the jury instruction, that the statutory intent against Aden, i.e., the intent to inflict great bodily harm, did not have to match a specific victim and proof of Elmi’s intent as to Aden satisfied the statutory intent element for the assaults against the children. The court found that even if specific intent was required to match a specific victim, the doctrine of transferred intent could be applied to transfer the intent against Aden to intent against the children. The court relied on case law from other states in rejecting Elmi’s argument that the doctrine should not apply when unintended victims suffer no injury or the defendant is unaware of their presence. Finally, the court found that the State provided sufficient evidence to prove that the children were placed in appre[214] hension of harm and that Elmi had the requisite intent for purposes of the applicable common law forms of assault. We granted review on the issue of transferred intent. State v. Elmi, 163 Wn.2d 1005, 180 P.3d 784 (2008).

ISSUE

¶7 Whether there is sufficient evidence of intent to support Elmi’s convictions of first degree assault against the children.

ANALYSIS

First Degree Assault

¶8 Elmi requests that we reverse his convictions of first degree assault against the children on the basis that the State failed to present sufficient evidence of specific intent to assault the children. He contends that jury instructions 17 (definitions of assault) and 20 (transferred intent) erroneously relieved the State of the burden of proving every element of the crime.2 In reviewing the sufficiency of the evidence, we view the evidence in the light most favorable to the State and ask whether any rational trier of fact could have found the elements of the crime beyond a reasonable doubt. State v. Mines, 163 Wn.2d 387, 391, 179 P.3d 835 (2008). We draw all reasonable inferences from the evidence in favor of the State.

¶9 Assault in the first degree is defined by statute, in relevant part, “A person is guilty of assault in the first degree if he or she, with intent to inflict great bodily harm: . . . [a]ssaults another with a firearm . . . .” RCW 9A.36.011(1)(a) (emphasis added). To uphold Elmi’s first degree assault convictions, we must find that each element of the crime is satisfied — that Elmi, with (1) intent to inflict [215] great bodily harm, (2) assaulted (3) another (4) with a firearm. As noted above, we granted review only on the question of transferred intent.

¶10 The mens rea for first degree assault is the specific intent to inflict great bodily harm. Specific intent is defined as intent to produce a specific result, as opposed to intent to do the physical act that produces the result. Wilson, 125 Wn.2d at 218. First degree assault does not, under all circumstances, require that the specific intent match a specific victim.

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State v. Elmi, 166 Wash. 2d 209 (Wash. 2009).

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