State v. Ollens

733 P.2d 984, 107 Wash. 2d 848, 1987 Wash. LEXIS 1048
CourtWashington Supreme Court
DecidedMarch 12, 1987
Docket52740-7
StatusPublished
Cited by51 cases

This text of 733 P.2d 984 (State v. Ollens) 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. Ollens, 733 P.2d 984, 107 Wash. 2d 848, 1987 Wash. LEXIS 1048 (Wash. 1987).

Opinions

Goodloe, J.

This case involves a brutal killing inflicted by multiple stabs and slashes with a knife. We address whether, as a matter of law, there is sufficient evidence to allow the issue of premeditation to go to a jury. We answer in the affirmative.

Respondent Lawrence C. Ollens was charged with the crime of aggravated murder in the first degree for the November 9,1985 robbery/stabbing death of William Tyler, a Tacoma taxicab driver. Before trial respondent moved that the trial court review and dismiss the aggravated first degree murder charge because of lack of evidence to prove the element of premeditation. The State acquiesced to pretrial review. Pretrial review on the element of premeditation took place in Superior Court on May 19 and 20, 1986.

The State relied on the testimony of Dr. Emmanuel Lac-sina, the Pierce County Medical Examiner. Dr. Lacsina testified that Tyler died from multiple stab wounds and resulting blood loss. One stab perforated the left lung and the right ventricle of the heart. Dr. Lacsina indicated that this was one of the first wounds inflicted. A second stab perforated the right lobe of the liver and the soft tissues around the right kidney. A third stab entered between Tyler's ribs penetrating the right lobe of the liver. These wounds were not immediately fatal. However, all three wounds were potentially fatal if not treated shortly after their infliction. A fourth stab penetrated Tyler's right thigh.

In addition, Dr. Lacsina testified that Tyler's throat had been slit. More than one slashing motion was needed to complete the 6-inch gash which nearly transected the voice box and jugular vein. This injury was also capable of causing death. Dr. Lacsina testified, however, that Tyler could have been alive and struggling for 2 to 3 minutes after the neck wound.

Dr. Lacsina stated that the stab wounds preceded the [850]*850slashing of Tyler's throat. Dr. Lacsina also noted that there were numerous defensive wounds. These wounds were inflicted when the victim was alive and indicate that the assailant and victim struggled.

At the hearing, the defense asserted that the State's main witness, Lawrence Haney, would testify that Ollens supposedly admitted to him that he had killed the victim when the victim made a move as if to reach for a weapon and "[Ollens] cut the man because he felt it was either the man's life or his." Report of Proceedings, at 73.

Citing to State v. Bingham, 105 Wn.2d 820, 719 P.2d 109 (1986) and Austin v. United States, 382 F.2d 129 (D.C. Cir. 1967), the Superior Court removed the question of premeditation from the trial and entered an "Order Dismissing Element of Premeditation" and supporting "Findings of Fact and Conclusions of Law—Premeditation". The Superior Court concluded that the "use of a knife to inflict more than one wound, in and of itself, is not probative of premeditation, but. . . can only be probative of intent to kill". Clerk's Papers, at 42. The State appealed to this court seeking review as a matter of right pursuant to RAP 2.2(b)(1). Superior court proceedings have been stayed pending a further order of this court.

The issue we address is: Given multiple stab and slash wounds, is there sufficient evidence to send the question of premeditation to a jury?

Specific intent to kill and premeditation are not synonymous, but separate and distinct elements of the crime of first degree murder. See RCW 9A.32.030(1)(a), .050(1)(a); State v. Brooks, 97 Wn.2d 873, 876, 651 P.2d 217 (1982). Premeditation has been defined as "the deliberate formation of and reflection upon the intent to take a human life", State v. Robtoy, 98 Wn.2d 30, 43, 653 P.2d 284 (1982), and involves "the mental process of thinking beforehand, deliberation, reflection, weighing or reasoning for a period of time, however short." Brooks, at 876. Premeditation must involve more than a moment in point of time. RCW 9A.32-.020(1).

[851]*851The State argues that Bingham is limited to its facts. In Bingham, we held that manual strangulation alone shows only an opportunity to deliberate and is insufficient to sustain the element of premeditation. Bingham, at 828. The State points out, however, that Bingham recognizes that " [t]he planned presence of a weapon necessary to facilitate a killing has been held to be adequate evidence to allow the issue of premeditation to go to the jury." Bingham, at 827; State v. Tikka, 8 Wn. App. 736, 742, 509 P.2d 101 (1973); accord, State v. Giffing, 45 Wn. App. 369, 725 P.2d 445 (1986); see also State v. Griffith, 91 Wn.2d 572, 577, 589 P.2d 799 (1979) (gun); State v. Harris, 62 Wn.2d 858, 868, 385 P.2d 18 (1963) (vacuum cleaner cord). State v. Lanning, 5 Wn. App. 426, 439, 487 P.2d 785 (1971), in which the victim's neck had been slashed, states:

Some premeditation was necessarily involved in order to have available a knife-edged, lethal instrument capable of nearly severing the victim's neck.

(Italics ours.).

The State argues that Ollens necessarily planned the presence of a weapon, the double-edged knife used to inflict the fatal wounds. The State posits that the evidence suggests that Ollens carried such a knife in another robbery approximately 1 week earlier. The State concludes that the presence of a knife, as distinguished from no weapon, suffices to allow the issue of premeditation to go to a jury.

The State argues that as evidenced by the multiple stab wounds to the chest and heart, respondent intended to kill Tyler. It further argues that the multiple slashing of the victim's neck, which occurred after the stabbings, conclusively demonstrates a deliberation—however short—on the previously formed and demonstrated intent to kill. The State concludes that the physical evidence of manner and method of death, as a matter of law, sustains the element of premeditation.

Ollens disputes that the evidence in this case permits the inference that premeditation occurred. He argues that some time did pass during the struggle; however, this passage of [852]*852time is inherent in the manner of a multiple stabbing death and is mere passage of time, not evidence of premeditation.

Respondent also asserts that the manner of death, i.e., violence and multiple wounds, does not support an inference of deliberation actually occurring or of a calmly calculated plan to kill which is requisite for premeditation and deliberation. Austin v. United States,

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Cite This Page — Counsel Stack

Bluebook (online)
733 P.2d 984, 107 Wash. 2d 848, 1987 Wash. LEXIS 1048, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ollens-wash-1987.