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State v. Clark3/11/2003
A jury convicted Garith Clark of first degree assault for the stabbing of Thomas Duval during an altercation at a Port Angeles residence. On appeal Clark challenges the admission of statements he made to police and jury instructions his counsel requested concerning his claim of self-defense. Finding no error requiring reversal, we affirm.
FACTS
On the evening of May 9, 2000, Tracy Schell was at the Wreck Tavern in Port Angeles with Garith Clark when she met with the victim, Thomas Duval, and his friend, John Koester. Around 8:00 p.m., Clark and Tracy left the tavern to take Clark to Penne Schell's house where Clark was going to spend the night in a tent set up in the home's detached garage. Penne Schell is Tracy Schell's mother.
Clark went to sleep in the tent at approximately 10:00 p.m. And Tracy returned to the tavern and drank beer with Koester and Duval until approximately 1:00 a.m., when the group returned to Penne's house.
The next morning the entire group was talking, drinking coffee, and visiting in Penne's living room. Clark continuously interrupted the conversation interjecting comments that Duval found inappropriate. Clark, Tracy, and Koester began drinking beer that Clark bought at the store that morning, while Schell and Duval drank coffee. Later that morning, Clark fell asleep.
Around noon, Tracy wanted to leave to check on her own home. She told Clark that he was too drunk to go with her and Koester. As they left in Koester's vehicle, Clark made an obscene gesture to Tracy, and accompanied it with an obscenity. Duval saw and heard Clark's actions and ordered Clark out of Penne's house. Duval then began cleaning up the kitchen. When he turned around, he saw Clark coming at him with an open knife in his hand. Clark threatened to cut Duval's head off. Duval responded by telling Clark to 'bring it on.' I Report of Proceedings (RP) at 38. When Clark came at Duval with the knife, Duval grabbed Clark's wrist and shoved Clark against a wall. Clark came at Duval again and stabbed him in the neck, hitting his jaw bone. Duval got the upper hand and shoved Clark against the wall and began punching him repeatedly. Duval eventually took the knife from Clark and Clark fell to the ground. Koester drove Duval to the hospital in his van. Police recovered the knife after Koester gave permission for them to search his van.
At trial Clark acknowledged carrying an open knife but testified that he had taken the knife to do some landscaping work that Penne asked him to do. Clark stated that he entered the kitchen with the knife, Duval turned around to face Clark, and that it was Duval who grabbed Clark's hands and punched him repeatedly. Clark denied threatening Duval and did not recall losing his knife or stabbing Duval.
Officer Viada of the Port Angeles Police Department was dispatched to Penne's residence at approximately 1:00 p.m. on May 10, 2000, to investigate a reported stabbing. His gun was drawn. Finding no one in the house, Viada made his way toward the detached garage, where he saw blood on the door frame. Viada entered the garage, where he saw blood on the hood of the car. Inside the garage was a tent. Viada called out for Clark and heard moaning coming from the tent. Viada identified himself as a Port Angeles police officer and ordered Clark out of the tent. Clark's hands and face were covered in blood. Viada handcuffed Clark and read to him Miranda rights from a printed card. Viada testified that Clark appeared to understand these rights. Clark then told Viada that two unknown men attacked him over methamphetamine. At this point, Viada called for medics.
After arriving at the hospital, Clark told
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