State v. Strizheus

262 P.3d 100
CourtCourt of Appeals of Washington
DecidedSeptember 19, 2011
Docket64077-1-I
StatusPublished
Cited by31 cases

This text of 262 P.3d 100 (State v. Strizheus) 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. Strizheus, 262 P.3d 100 (Wash. Ct. App. 2011).

Opinion

262 P.3d 100 (2011)

STATE of Washington, Respondent,
v.
Anatoliy P. STRIZHEUS, Appellant.

No. 64077-1-I.

Court of Appeals of Washington, Division 1.

September 19, 2011.

*101 Washington Appellate Project, Sea., WA, for Appellant.

Brian McDonald, King County Prosecuting Attorney, King Co. Pros/App. Unit Supervisor, Sea., WA, for Respondents.

SCHINDLER, J.

¶ 1 A jury convicted Anatoliy Strizheus of attempting to murder his spouse Valentina. Strizheus contends the trial court violated his constitutional right to present a defense by excluding evidence that his son Vladimir committed the crime. Because Strizheus did not meet his burden of showing facts or circumstances clearly pointing to Vladimir as the person who committed the crime, we affirm.

FACTS

¶ 2 Anatoliy Strizheus and Valentina are from the Ukraine.[1] The couple married in 1979 and had three children. Approximately eight years later, they divorced. In 1997, Strizheus and Valentina remarried and came to the United States with their three adult sons. Valentina and Strizheus moved to Sioux Falls, South Dakota but lived in separate apartments. Several years later, Valentina and her youngest son Vladimir moved to Nebraska.

¶ 3 Valentina moved to the Seattle area in 2005 to be near her sons Vladimir and Slavic. In February 2007, Strizheus moved to Seattle. He lived with Valentina and Vladimir and slept on the couch. At this time, Valentina was in a relationship with another man. According to Slavic, Strizheus came to Washington to improve and rekindle his relationship with Valentina.

¶ 4 On February 22, 2007, Valentina called 911 to report that Vladimir was cutting himself. When the police arrived, Valentina told the officers that Vladimir was upset because Strizheus had sex with Vladimir's girlfriend. Vladimir had punched a hole in the wall in the kitchen and broken a number of items. *102 Vladimir was convicted of misdemeanor malicious mischief and the court issued a protective order prohibiting him from having contact with Valentina.

¶ 5 On the evening of March 10, Valentina spent the night with the man she was seeing. Valentina came home at approximately 10:00 a.m. the next day. Valentina told Strizheus that she had spent the night with relatives. Valentina took a nap. Valentina said that when she woke up, Strizheus and Vladimir were home. Valentina left and went to a shopping mall at 3:00 p.m. When Valentina returned home at about 6:00 p.m., Vladimir was not there.

¶ 6 Shortly after 6:00 p.m., Valentina ran out of her residence. A neighbor, Corey Stalock, said that Valentina was "covered in blood" and frantically yelling "911." Stalock immediately called 911. Valentina had sustained multiple stab wounds to her abdomen and upper body, and defensive wounds to her arms and hands. The neighbor's girlfriend Wendy Beres applied pressure to Valentina's wounds and asked about her injuries. Valentina told Beres her "husband had stabbed her with a knife." Valentina had a cell phone in her hand. Valentina told Beres that she was "trying to get a hold of" her son Vladimir.

¶ 7 When police officer Jeffery Doll arrived, Strizheus appeared in the doorway of Valentina's residence with blood on both hands and on his clothes. As Officer Doll approached, Strizheus sat down on the stairs of the front porch. Strizheus had a laceration on his wrist and several puncture wounds on his forearm and hand. Strizheus said that Valentina was responsible for his injuries.

¶ 8 Shortly thereafter, several other officers arrived. Officer Charlene Hoch asked Valentina who hurt her. In response, Valentina said, "`Husband.'" When Officer Hoch asked whether anyone else had hurt her, Valentina again replied, "`Husband.'" Valentina told Officer Hoch that her husband was "`Anatoliy.'" Valentina also told an emergency medical technician (EMT) that her "`husband'" hurt her.

¶ 9 Medical personnel assessed Valentina's injuries as serious and transported her to Harborview Medical Center. When the emergency room doctor questioned Valentina about what happened, she confirmed that her husband had stabbed her. Valentina underwent surgery for a stab wound that had penetrated her stomach. The stab wounds in her face that were deep and affected critical facial areas also required surgery. The police placed Strizheus under arrest and took him to a nearby hospital for treatment for his mostly superficial injuries.

¶ 10 During the search of the Strizheus residence, the police found a ten-inch knife a few feet inside the front doorway. The police also found a broken glass vase, a broken bowl, and blood on the couch, on the floor, on a sliding glass door and vertical blinds, and on the wall near the sliding door. Vladimir returned home from church at approximately 8:30 p.m. When the police told Vladimir what happened, he appeared to be shocked and distraught. Vladimir told the police that he spoke to Strizheus earlier in the day and thought he may have been drinking alcohol. Vladimir called his brother Slavic and left to go to Harborview.

¶ 11 With the assistance of a Russian interpreter, the police interviewed Valentina at the hospital the night of the stabbing and again several weeks later. Both interviews were tape recorded. Valentina told the police that her 30-year relationship with Strizheus was plagued by his use of alcohol and domestic violence. Valentina told the police that after she returned from the shopping mall at about 6:00 p.m., she and Strizheus started arguing. Valentina said she tried to leave but Strizheus blocked the door. Strizheus then grabbed a knife from under a cushion where he had been sleeping and came after her. Valentina said Strizheus grabbed her as she tried to escape through the sliding glass door leading to the balcony and began stabbing her. Valentina begged Strizheus, "Please do not, don't kill me." Valentina was concerned that if she fell, "for sure, he [is] going to kill me." Valentina managed to grab the knife, push Strizheus back a little, and squeeze through the sliding glass door and escape.

*103 ¶ 12 The State charged Strizheus with attempted murder in the second degree with a deadly weapon enhancement.

¶ 13 Seven months later, in October 2007, Vladimir called 911 and told the operator that he had done "something that he felt bad about." When they arrived, the officers noted that Vladimir was intoxicated and said that he alternated between aggressive paranoia, and episodes of crying and rambling. Vladimir told the police "`[i]t's my fault, arrest me. I should be in jail.'" Valentina was also present. Valentina said Vladimir was very drunk and felt bad about what happened to her. When the police attempted to arrest Vladimir on an outstanding warrant, he tried to push one of the officers down the stairs, and was later charged with assaulting a police officer.

¶ 14 Approximately one year later, in November 2008, police officers responded to the report of a collision on Interstate-5. According to witnesses, Valentina had run into traffic in an attempt to flag down a car, causing a car to collide with a light pole. Valentina had a bump on her cheek and a swollen upper lip. In her statement to the police, Valentina said that Vladimir had been drinking and punched her in the face. The State charged Vladimir with assault in the fourth degree.

¶ 15 In January 2009, the police interviewed Vladimir about the 911 call he made in October 2007. Thereafter, the prosecutor and defense counsel also interviewed Vladimir. Vladimir was still in custody on the pending 2008 assault charge.

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Bluebook (online)
262 P.3d 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-strizheus-washctapp-2011.