State v. Moran

81 P.3d 122, 119 Wash. App. 197, 2003 Wash. App. LEXIS 2735
CourtCourt of Appeals of Washington
DecidedNovember 24, 2003
DocketNo. 44108-6-I
StatusPublished
Cited by18 cases

This text of 81 P.3d 122 (State v. Moran) 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 v. Moran, 81 P.3d 122, 119 Wash. App. 197, 2003 Wash. App. LEXIS 2735 (Wash. Ct. App. 2003).

Opinion

Schindler, J.

Jeramie Moran appeals his conviction of first degree manslaughter while armed with a deadly weapon. He argues his conviction must be reversed because the court gave an erroneous accomplice liability instruction and the error was not harmless, the trial court erred by admitting a letter from Moran to a friend, and prosecutorial misconduct in closing argument deprived him of a fair trial. We disagree and affirm.

FACTS

On April 7, 1998, Moran1 left his home and rode the bus to Everett with his friend, Alex. That afternoon, they got together with Moran’s friend Stephen Camero. Moran and Camero decided to catch a bus to Lynnwood where Moran’s sister lived, because they knew that the sister’s friend, Raoul, would buy them alcohol.

[200]*200Moran and Camero ended up near Edmonds Community College, where they ran into Moran’s friend, Matt, who was with Tagan Arnold and Danny Garcia. Moran, Camero, Arnold, and Garcia drank wine with Matt. When Matt left for class, the other four decided to get more alcohol from Raoul.

Moran, Garcia, Arnold, and Camero rode another bus to Moran’s sister’s apartment. Raoul bought them a half gallon of gin. He dropped the four off at Andy’s Motel in Edmonds, where Garcia’s friend, Brandon Johnson, was living.

When they arrived at the motel room, Johnson’s mother, who was in the room with him, told them to leave. They then climbed into a nearby newspaper bin and drank gin for about half an hour. After Johnson’s mother left, they returned to the motel room and continued to drink.

About 45 minutes later, Moran asked Johnson to drive him home because he had a 9 p.m. curfew. Johnson agreed, and Moran, Camero, Garcia, and Arnold left in Johnson’s Toyota. Johnson drove to an AM/PM store to buy gas. On the way, Arnold asked Moran if he wanted to join the “206.” Garcia described the “206” as a group of friends who hung out together or a clique. Even though Moran was reluctant to join the 206 because of the way the group had treated another friend of his, eventually he said he wanted to join. Arnold and Garcia told Moran that, in order to join the 206, Moran would have to be “jumped in,” which meant he had to be beaten up.

When the group arrived at the AM/PM store, Johnson pumped gas and Camero stayed in the car. Moran, Arnold, and Garcia went to the side of the store, and Arnold and Garcia proceeded to punch Moran in the head. Moran fell to the ground, and Arnold and Garcia kicked him a few times. After about a minute, Arnold and Garcia stopped and allowed Moran to get up. Garcia claimed he broke his left hand when he hit Moran.

Arnold, Garcia, and Moran returned to Johnson’s car. Camero asked if he could also join the 206. Moran tried to [201]*201dissuade him. Moran told Johnson to take Camero home and gave him directions. Johnson missed a turn on the way to Camero’s house, and parked about a block away from Camero’s house, adjacent to a fence and north of a home with a large tree in the front yard. According to Moran, when Johnson pulled over, he said it was a good spot for Camero’s “jumping in.”

After Johnson stopped the car, all five occupants got out and walked towards the house. According to Moran and Johnson, Garcia suddenly punched Camero in the face, causing him to fall to the ground. Garcia denied hitting Camero, claiming that his hand was broken, swollen, and sore and he could not use it. Garcia said he saw Camero on the ground, but did not know how he got there.

Johnson admitted that he kicked Camero in the head and saw Camero’s eyes roll back in his head. According to Moran, Johnson stomped on Camero’s head twice. Moran testified that Arnold and Garcia kicked Camero in the torso, but that he did nothing but stand by and watch.

Camero was unconscious. Moran checked Camero’s pulse and found that his breathing was “regular and strong.”2 Moran saw no bleeding or injuries. Moran asked the others to take Camero back to the car with them. Johnson told him to leave him where he was. Moran dragged Camero under the large tree in the yard of the house near where the group had parked. He rejoined the rest of the group, and they left in Johnson’s car.

Moran, Johnson, Garcia, and Arnold returned to Johnson’s motel room to drink alcohol. According to Johnson, while they were drinking, Arnold said he did not want to go back to jail and wanted to return and kill Camero.

The four left the motel again. Johnson drove to a 7-11 store where they stole beer. Then they went to see a man named Penguin about buying marijuana. Because Penguin was unable to locate any marijuana, the four took Penguin [202]*202back to Johnson’s motel room so he could use the phone to try to find some.

After the group returned to the motel room, Johnson’s girl friend, Tamara Slattum, and her friend, Michell Lynch, arrived. The group drank beer, and then Johnson, Arnold, and Garcia drove Penguin home. Slattum, Moran, and Lynch followed in Slattum’s car. Johnson dropped Penguin off and drove to where Slattum had parked her car. He threw Slattum the key to his motel room and told her to wait there for him, explaining that the group had some business to take care of. Moran got into Johnson’s car. The four then drove to where they had left Camero to see if he had regained consciousness and gone home or was still lying under the tree.3

Camero was unconscious and in the same place. There are different versions of what happened when they arrived at Camero’s location this time.

According to Johnson, he drove the group back to where they had left Camero and parked on the side of the road. He sat in his car and looked out of the side view mirror. Arnold and Moran got out of the car and walked up to where Camero was lying.4 Johnson saw Arnold stab Camero with a pen he had taken out of the glove compartment. Arnold returned to the car with blood on his hands, carrying the bloody pen. Johnson then heard loud whacking noises and saw Moran hitting Camero with a wooden closet rod from the motel room.5 Johnson did not recall how many times Moran hit Camero with the rod, nor could he recall anything about where Garcia was or what Garcia was doing while this was happening. His first clear memory of Garcia is of him being back in the car. According to Johnson, Moran returned to the car and threw the closet rod in the back. The [203]*203group then drove back to the motel. Johnson denied having any part in Camero’s beating with the closet rod.

According to Garcia, Arnold and Moran got out of the car. Garcia stayed in the car for a few minutes and then told Johnson he was going to see what was taking them so long. Garcia testified that Johnson told him to stay where he was and that Johnson got out of the car and walked towards Camero. Garcia got out of the car as well. Garcia heard a loud hitting noise coming from underneath the large tree. He saw someone swinging a stick, but could not tell who it was because it was too dark. As he got closer, Garcia saw Arnold give the stick to Moran. Garcia testified that Moran hit Camero with the stick on his head and chest between 10 and 15 times. While Moran was beating Camero, Arnold, Johnson, and Garcia returned to the car. Finally, Moran returned to the car and told the group that Camero was still breathing. The group left and drove back to the motel.

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State v. Moran
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Cite This Page — Counsel Stack

Bluebook (online)
81 P.3d 122, 119 Wash. App. 197, 2003 Wash. App. LEXIS 2735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moran-washctapp-2003.