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State v. Cunningham9/27/2005
Cory Dale Cunningham appeals his conviction for second degree manslaughter. Primarily, he argues that the evidence was insufficient to disprove self-defense. We affirm.
Cunningham had a friend named Richelle Nichols. She and her four children were living in her car, so he invited them to live with him in his mobile home.
Nichols had a friend named Jason Radach, whom she invited into Cunningham's home on three different occasions. The first time, Cunningham was very angry, but after he and Radach talked, they seemed to have resolved the problem.
The second time was in mid-July 2003. Nichols and Radach were in her bedroom, getting high on methamphetamine. Cunningham angrily pushed through the door and told them both to 'get the fuck out of his house.' He then left the room and returned with a sword, which he pointed at Radach's head, again saying to 'get the fuck out of his house.' With the sword at Radach's head, he pushed Radach toward the door, and Radach left. Nichols also left but was later permitted to return.
The third occasion was on August 3, 2003. While socializing with another friend, Phillip Campbell, Nichols again met Radach. The three went to Cunningham's mobile home. They arrived about midnight, and Radach went to sleep on Nichols' bed. About 3 a.m., Cunningham came in and started punching Radach. He told both Nichols and Radach to 'get the fuck out of his house.' He then knocked over a dresser and said, 'You are dead, Mother Fucker, I am going to kill you. I can guarantee you are dead.' He left the room while Nichols, her children, and Radach prepared to leave, but as they made their way to the door, he angrily returned with the sword. Radach and Nichols backed to the front door while Cunningham stood in front of them, holding the sword and screaming at them to 'get the fuck out.' Radach swung a small black bag and hit Cunningham in the face. The two began struggling, and Cunningham, sword still in hand, placed Radach in a headlock. Nichols ran for help and, when she returned, heard Radach say, 'That's enough, there's a lot of blood, please stop.' She and several others saw Cunningham's sword come out of Radach, as Radach fell and turned white. Radach died on the way to the hospital.
The State charged Cunningham with premeditated first degree murder, and the case was tried to a jury. According to Dr. John Howard, a forensic pathologist, Radach suffered a stab wound through the heart; a second stab wound that penetrated his chest and came out the other side, but did not cut ribs or major organs; and several 'defense type' wounds on his hands, consistent with having grabbed a sword or knife. The trial court instructed on premeditated first degree murder and lesser offenses, and the jury returned a verdict of manslaughter in the second degree while armed with a deadly weapon. The trial court imposed a standard range sentence of 87 months (75 months enhanced by 12 months for the deadly weapon).
I.
Cunningham argues on appeal that the evidence is insufficient to show that he committed the 'wrongful act' needed for the criminal-negligence element of second degree manslaughter. He reasons that he had the right to use deadly force to expel a trespasser; that Radach was a trespasser; and hence that he had the lawful right to expel Radach by stabbing him. When reviewing whether the evidence is sufficient to prove an element of the crime, we take the evidence in light most favorable to the State. The standards for when the use of force is lawful are found in RCW 9A.16.020 and .050. RCW 9A.16.020 applies generally when the use of force does not result in the death of another. RCW 9A.16.050 applies generally when t
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