State of Washington v. Craig Scott Burton, 34230-1

Background

Craig Burton, a former servicemember treated for ADHD, began Paxil in Feb 2015 and experienced suicidal ideation; he later attempted suicide by overdose and reported continuing ideation.
On May 6, 2015 Burton fired 11 shots from his backyard into trees and repeatedly shouted provocations intending to prompt police to shoot him (suicide-by-cop); he did not aim at officers or seek to injure anyone.
Multiple Spokane officers assembled in alleys north and south of Burton's house; officers to the north believed they were being shot at and felt threatened; Officer Jensen stood to the south and testified he feared being shot.
Burton was shot by police when he later stepped into the alley with a handgun; he survived and expressed that he wanted to be killed.
Charged with three counts of first-degree assault (alternatively lesser included second-degree assault) with firearm enhancements, Burton was convicted after a bench trial of three counts of second-degree assault (assault by creating apprehension) and firearm enhancements; trial court sentenced him to concurrent 15-month terms plus consecutive mandatory 36-month firearm enhancements (total 123 months).
Burton appealed, arguing insufficient evidence of specific intent, lack of intent as to Officer Jensen, ineffective assistance for not pursuing diminished capacity, equal protection "as-applied" challenge to firearm enhancements, trial court error denying exceptional downward sentencing, and cruel-and-unusual punishment.

Issues

Issue	Burton's Argument	State's Argument	Held
1. Sufficiency of evidence for assault convictions	No specific intent to cause apprehension; he fired harmlessly to move officers away	Burton intended to create fear to induce officers to shoot him; his own testimony supports intent	Convictions affirmed; substantial evidence Burton intended to create apprehension
2. Assault of Officer Jensen (knowledge/intent)	Burton didn't know Jensen was present, so no specific intent toward Jensen	Transferred intent applies; any victim who reasonably feared due to defendant's conduct may be convicted	Conviction as to Jensen affirmed under transferred intent
3. Ineffective assistance for not presenting diminished-capacity defense	Counsel was deficient for failing to present diminished capacity tied to Paxil/intoxication	No expert or sufficient evidence showed inability to form intent; strategic choice; no prejudice	Claim rejected; counsel's performance reasonable and no viable diminished-capacity proof
4. As-applied equal protection challenge to firearm enhancements	Firearm enhancements apply to assault but exempt drive-by shootings; irrational classification	Issue not raised below; no manifest constitutional error shown	Not reviewed (forfeited); preserved exceptions inapplicable
5. Authority to reduce firearm enhancements / exceptional sentence	Trial court could and should reduce firearm enhancements or impose exceptional sentence given Paxil-related impairment	Firearm enhancements are mandatory and not subject to RCW 9.94A.535 reduction	Firearm enhancements cannot be modified (Brown controls); affirmed; remand limited to considering downward departure only as to base assault terms
6. Denial of consideration for exceptional mitigation (RCW 9.94A.535(1)(e))	Trial court refused to consider mitigation based on impaired capacity; error	Factors are often included in standard range; court properly bounded by SRA	Trial court erred by refusing to consider enumerated mitigating circumstance; remand for resentencing to consider downward departure on assault portion
7. Eighth Amendment / state cruel-punishment challenge	Total 123 months grossly disproportionate given absence of physical harm and mental breakdown	Sentence within statutory maximum and firearm enhancements serve legislative goals	Challenge rejected; sentence not cruel and unusual

Key Cases Cited

In re Winship, 397 U.S. 358 (proof beyond a reasonable doubt requirement)
Strickland v. Washington, 466 U.S. 668 (effective assistance two‑prong test)
State v. Byrd, 125 Wn.2d 707 (assault definitions; intent to create apprehension)
State v. Abuan, 161 Wn. App. 135 (discussed/declined as persuasive on transferred intent)
State v. Brown, 139 Wn.2d 20 (deadly‑weapon/firearm enhancements not subject to exceptional downward departures)
State v. Houston‑Sconiers, 188 Wn.2d 1 (narrowly overruling Brown for juvenile Eighth Amendment context)
State v. Grayson, 154 Wn.2d 333 (trial court must consider exceptional sentence request)