State Of Washington v. Destry Adam Schnebly, 74559-0

On Jan. 25, 2015, Snohomish County Deputy arrested Schnebly after a lengthy car pursuit with two passengers in his vehicle.
Schnebly violated multiple traffic laws and forced other cars out of the pursuit route.
The State charged Schnebly with attempting to elude a pursuing police vehicle and sought an endangerment sentencing enhancement under RCW 9.94A.834.
The aggravator alleged that one or more persons other than Schnebly or the pursuing officer were threatened with physical injury or harm by his actions.
At trial Schnebly admitted the attempt but contested whether he endangered anyone other than himself and the officer.
The jury returned a Yes on the endangerment special verdict form, and Schnebly was sentenced to 25 months plus 12 months and one day for the endangerment enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the verdict form relieve the State of proving endangerment beyond a reasonable doubt?	Schnebly argues the form's language, 'threatened with physical injury or harm,' did not require proof of endangerment.	State relies on Williams to say the form adequately instructed on endangerment.	No relief of burden; Williams controls; form proper.
Is the endangerment element properly pled and proven beyond a reasonable doubt?	Schnebly contends no one other than the officer was endangered.	State showed one or more persons were threatened with physical injury or harm.	The State proved the endangerment element; error not shown.
Whether Williams governs the interpretation of the endangerment verdict form in this context.	Williams requires the form to define endangerment via 'threatened with physical injury or harm.'	Williams supports the form here; no issue with burden-shifting.	Williams controls; form is proper.
Appellate costs allocation given indigency findings.	Schnebly seeks no costs due to indigency.	RAP 14.2 contemplates potential reallocations if circumstances improve.	Indigent status remains unless proven otherwise; ruling affirmed on costs procedural note.

State v. Williams, 178 Wn. App. 104 (2013) (upheld endangerment verdict form using 'threatened with physical injury or harm' language)