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State v. Eggleston9/14/2001
e procedure. They heard nothing inside the house as they filed into the kitchen while announcing 'Sheriff's Department, search warrant{.}' 1 Report of Proceedings (RP) at 3363, 2 RP at 6075. Reding went in first and approached a man later identified as Thomas Eggleston, Eggleston's father, who was on the couch in the living room. Bananola followed and turned down a hallway. Gunfire immediately erupted. Reding fired three shots into the hallway before backing out. Eggleston then emerged from the hallway and engaged Dogeagle in gunfire until Eggleston collapsed.
Pursuant to an order to back out, the deputies left the house. Once outside, they noticed that Bananola was missing. The deputies retrieved a bulletproof shield from the van and went back into the house. Thomas Eggleston was still on the couch; the deputies handcuffed him and took him outside. They found Bananola lying on the floor of the living room and Eggleston lying in the hallway beside his mother, Linda Eggleston. Bananola suffered three gunshots to the head and shots in the shoulder, arm, abdomen, and foot. Eggleston received gunshot wounds to his chest, abdomen, groin, and knee. (Eggleston inflicted Bananola's wounds; Bananola shot Eggleston in the groin and Dogeagle inflicted Eggleston's remaining wounds.) Bananola died; Eggleston recovered.
After removing the victims and Linda and Thomas Eggleston from the house, the sheriff's department secured it. According to one report, the police checked with the Pierce County Prosecutor's Office and were informed that they did not need a separate warrant for a homicide investigation. The Tacoma Police Department began such an investigation at approximately 8:30 a.m., assisted by PCSD Detective James O'Hern, who was in charge of the narcotics investigation. After lead TPD Detective Melvin Margeson, forensic specialist Teddy Garn, and O'Hern conducted an initial walk-through during which homicide evidence was observed and photographed, an 11-hour search ensued. Officers seized a large quantity of blood and ballistic evidence as well as several weapons. Pierce County then resumed the drug search and found marijuana, mescaline, drug paraphernalia, and cash.
The State charged Eggleston with one count of aggravated first degree murder (Bananola), one count of first degree assault (Dogeagle), two counts of delivery of marijuana, one count of possession of marijuana with intent to deliver, and one count of possession of mescaline.
The jury found Eggleston guilty of the drug and assault charges but could not reach a verdict on the murder charge. Following a retrial on that charge, the jury found Eggleston guilty of the lesser-included offense of second degree murder. On appeal, Eggleston and the State raise issues common to both trials, as well as issues pertaining to only the first or second trial. For clarity, we divide our discussion into four sections:
(I) Errors that Require Reversal; (II) Additional Errors; (III) Additional Issues; and (IV) Conclusion.
I. ERRORS THAT REQUIRE REVERSAL
A. Aggressor Instruction
The two trial courts gave the following aggressor instruction:
No person may, by any intentional act reasonably likely to provoke a belligerent response, create a necessity for acting in self-defense or defense of another and thereupon kill another person {or use, offer or attempt to use force upon or toward another person}. Therefore, if you find beyond a reasonable doubt that the defendant was the aggressor, and that defendant's acts and conduct provoked or commenced the fight, then self-defense or defense of another is not available as a defense. 1 Clerk's Papers (CP) at 1957, 2 CP at 1409
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Washington Personal Injury Attorneys
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