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State v. Read9/5/2002
Oral Argument Date: 01/29/2002
Concurring: Charles Z. Smith, Barbara A. Madsen, Bobbe J. Bridge, Tom Chambers, Susan J. Owens, Faith E Ireland, Dissenting: Richard B. Sanders, Gerry L. Alexander
En Banc
This case involves a challenge to an evidentiary ruling by the trial court in a criminal prosecution where the defendant claimed self-defense. The trial court admitted lay opinion testimony on whether it was reasonable for the defendant, Jeremy M. Read, to use deadly force in self-defense. We are asked to determine whether Read's second degree murder conviction should be reversed based on the admission of that testimony. The Court of Appeals affirmed the conviction, holding Read was not prejudiced by the testimony. State v. Read, 100 Wn. App. 776, 998 P.2d 897, review granted, case remanded, 142 Wn.2d 1007 (2000), adhered to on remand, 106 Wn. App. 138, 22 P.3d 300 (2001). We affirm.
FACTS
Read shot and killed Bruce Larson, Jr., at the Orchard Inn in Wenatchee, Washington on May 3, 1998. Read had traveled to Wenatchee to attend the Apple Blossom Festival. Upon arriving, Read met his underage girl friend at a gas station, where she gave him her gun while she attempted to purchase beer. Read put the gun in the waistband of his shorts and concealed it with the athletic pants he was wearing over his shorts.
While his girl friend was gone, Read left with friends to go to a party. He walked past a motel room rented by another Apple Blossom reveler, where approximately 12 people were having a party. Read recognized a young woman with whom he had attended high school. She invited Read into the motel room and the two sat at the foot of the bed talking.
While the two talked, Chad Larson, Bruce's brother, repeatedly told Read to leave. When Read did not respond, Bruce, who was unarmed and also sitting on the bed, stood up and said something approximating, 'don't get smart with my brother, man.' Report of Proceedings at 286. Read pulled the gun from his waistband and shot and killed Bruce.
At trial, Read and one other witness testified Bruce 'jumped' or 'hopped' off the bed and stepped toward Read. Several other witnesses testified Bruce did not 'jump' up and did not 'rush' Read, but simply approached him.
Witnesses also testified Bruce raised his arms at his sides. Every witness except Read testified Bruce did not verbally threaten Read or do anything that appeared threatening. Many witnesses testified Read had no reason to defend himself and no reason to pull out the gun. This is the challenged testimony.
Read was charged with second degree murder, first degree assault, and unlawful possession of a firearm. Read claimed he killed Bruce in self- defense. The trial court rejected his self-defense claim, and Read was convicted as charged.
The Court of Appeals vacated Read's assault conviction on double jeopardy grounds, but affirmed his second degree murder and wrongful possession convictions. Read, 100 Wn. App. 776. The court concluded the trial court violated Read's constitutional right to an impartial trial by allowing witnesses to opine as to the reasonableness of Read's actions. Assuming Read was entitled to raise a self-defense claim, the court concluded the opinion testimony went to the ultimate issue of whether Read killed Bruce without justification. Nonetheless, the court held the error was not prejudicial. In so holding, the Court of Appeals presumed the trial judge did not consider inadmissible evidence in reaching his decision. Read, 100 Wn. App. at 788 (citing State v. Miles, 77 Wn.2d 593, 601, 464 P.2d 723 (1970); and State v. Ryan, 48 Wn.2d 304, 293 P.2d 399 (195
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