State v. Williams

71 P.3d 686
Court of Appeals of Washington·Decided June 30, 2003·No. 49608-5-I·Published·Cited by 16 cases

Opinion

71 P.3d 686 (2003)
117 Wash.App. 390

STATE of Washington, Respondent,
v.
Dale R. WILLIAMS, Appellant.

No. 49608-5-I.

Court of Appeals of Washington, Division 1.

June 30, 2003.

*687 Jennifer Dobson, Nielsen Broman Koch Pllc, Seattle, WA, for Appellant.

Julie Dee Cook, Attorney at Law, Seattle, WA, for Respondent.

SCHINDLER, J.

Dale Williams appeals his conviction of fourth degree assault, domestic violence, arguing that the trial court erred by denying his motion to withdraw his guilty plea. The trial court did not abuse its discretion by denying the motion. We affirm.

FACTS

On July 15, 2001, Dale Williams was at home with his 21-year-old son, Sean Williams; Sean's wife, Lisa; and his three grandchildren, three-year-old Taylar Williams, four-year-old Tristin McCready, and seven-year-old Austin McCready. Taylar is the daughter of Sean and Lisa Williams. Tristin and Austin are the children of Cindy McCready, who is Dale Williams' wife's daughter.

Sean was babysitting the three children. Tristin's and Austin's mother, Cindy, was not present. Tristin and Austin were together playing downstairs. Tristin argued with Taylar over a piece of candy. During the argument, Tristin cut Taylar's finger with a pair of scissors, and her finger began to bleed badly. Austin saw what happened and screamed. Dale and Sean Williams, who were upstairs, heard the screaming and came downstairs.

When Sean saw his daughter's finger bleeding, he grabbed Tristin by the shirt and threw him onto a bed, yelling "don't you ever touch my daughter again."[1] He then began to hit Tristin with his hands on Tristin's back and sides. Tristin cried and apologized. Sean then went back upstairs to check on Taylar who was with her mother, Lisa, in the kitchen.

Dale Williams came downstairs and asked Tristin where the scissors were that he used to cut Taylar's finger. When Tristin did not respond, Dale Williams put Tristin face down on the bed and hit him three times on the buttocks, yelling "Don't you ever do that again."[2] According to Austin, Dale Williams hit Tristin so hard that he "was flying over the bed."[3] After he hit Tristin three times, Tristin said he was sorry. Dale Williams told him it was too late to be sorry and asked Tristin again where the scissors were. Tristin did not respond. Dale Williams put Tristin back on the bed face down and hit him two more times on the buttocks. He stopped hitting him when Austin found the scissors.

Meanwhile, Lisa took Taylar to the emergency room at the hospital.[4] After they left, Sean came back downstairs with a knife and a bottle of hot sauce from the kitchen. He dipped the knife into the hot sauce and forced Tristin to lick the sauce off the blade of the knife. Sean Williams told Tristin that he would give him a drink of soda every time Tristin answered one of his questions. After Tristin had answered several questions, he asked to go upstairs to the bathroom.

While Tristin was in the bathroom, Dale Williams removed the belt he was wearing and handed it to Sean. Sean went into the bathroom carrying scissors and cut Tristin on his chest. Then, Sean forcibly dragged Tristin downstairs and told him to get on his hands and knees. Sean hit Tristin two times on his buttocks with the belt, then put the belt down and hit Tristin with his hands. Dale Williams then picked up the belt and hit Tristin with the belt and also hit him with his hands.

Later, Tristin's mother, Cindy McCready, arrived at the house. She found Tristin hiding in a corner. Tristin told his mother he had been hit with a belt. McCready lifted up Tristin's shirt and found cuts on his back, large red welts on his back and buttocks, and blood on the front of his shorts.

When McCready asked who had hit Tristin, Sean told her he had. Dale Williams then began to yell at McCready, telling her *688 that her children had no idea what discipline was. McCready cleaned the blood off Tristin, took Tristin and Austin home, and called the police.

The investigating officer advised Dale and Sean Williams of their Miranda[5] rights. Afterwards, Sean told the officer that he had struck Tristin twice on the buttocks with his hands and his father, Dale, had struck Tristin once with his hands. Sean did not remember anyone hitting Tristin with a belt. Dale Williams told the officer that the marks on Tristin were "red marks only" that did not disappear as quickly as they did on other people because Tristin has fair skin.[6]

A physician examined Tristin the next day and determined that his injuries were the result of an assault.

On July 19, 2002, the State charged Dale Williams and Sean Williams as codefendants with assault of a child in the third degree, domestic violence. In exchange for a joint guilty plea, the State later amended the information and reduced the charge against both men to a misdemeanor assault in the fourth degree, domestic violence.

On September 27, 2001, a plea hearing was held at which both Dale Williams and Sean Williams individually pled guilty to fourth degree assault, domestic violence. Dale Williams signed a statement on plea of guilty. When asked to describe in his own words what he did that resulted in his being charged with this crime, Dale Williams stated:

On July 15, 2001 in King County Washington I spanked Tristin McCready in a manner that was offensive and amounted to Aslt 4—DV. Tristin was spanked because I was trying to find the location of the cutting utensil used to injure Taylor [sic] Williams, my granddaughter.[7]

In the statement on plea of guilty, he acknowledged that no one made promises or threatened harm of any kind to him or to any other person to cause him to plead guilty.

Both the State and the trial court conducted a colloquy with each defendant about his desire to plead guilty. The court informed Dale Williams of the nature of the charges against him, the consequences of entering the plea, what the State's recommendation would be at sentencing, and that the court did not have to follow the State's recommendation.

During the hearing, Dale Williams told the court that his counsel answered all the questions he had about his statement on plea of guilty to his satisfaction and that his statements were true and accurate. When asked by the court, he stated that he had no questions that remained unanswered. As he acknowledged in his written statement on plea of guilty, Williams orally told the court that, other than the sentencing recommendation, no one had made threats or promises or coerced him in any way to cause him to enter the plea. He also brought up the fact that the plea was a joint plea:

THE COURT: And other than the [sentencing] recommendation, has anyone else made an[y] threats or promises, or coerced you in any fashion to get you to do this today other than the obvious, I guess, which would be the option of going to trial and taking a chance of getting convicted of assault in the third degree, but other than that, has anyone—
MR. DALE WILLIAMS: One more point would be the fact that it had to be done as a co-plea.
THE COURT: Okay.
MR. DALE WILLIAMS: That part.
THE COURT: Well, other than that, which I gather what you are saying is, the condition was that both of you plead guilty, correct?
DEFENDANT DALE WILLIAMS: Right.
THE COURT: Other than that, did anyone strong-arm you in a

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State v. Williams, 71 P.3d 686 (Wash. Ct. App. 2003).

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