State Of Washington, V Gerald Lee Cameron, Jr.
48619-9
| Wash. Ct. App. | May 31, 2017Background
- In June 2015, Gerald Lee Cameron Jr. returned to a tent camp where Deana Lentz and Gary Sommerville were staying; Sommerville and Lentz had recently been intimate while Cameron was in jail.
- An altercation occurred after Sommerville escorted Lentz away; Cameron twice threatened to kill Sommerville and then attacked him with a steel bar, causing head injuries and a broken hand.
- Police arrested Cameron; he admitted involvement but claimed self-defense and that he was injured during the struggle.
- The State charged Cameron with first degree assault (while armed) and felony harassment (threat to kill). Lentz also later reported Cameron assaulted and raped her after police left; the court excluded rape testimony but allowed Lentz to testify about injuries she claimed to have inflicted on Cameron.
- During redirect, Lentz testified that Cameron told her not to speak to police and said he would kill her if she did; defense objected only as leading. The jury convicted Cameron of felony harassment and fourth degree assault; Cameron appealed the harassment conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admission of Lentz's testimony that Cameron threatened to kill her | State: testimony was admissible and relevant to the events and to rebut Cameron's self-defense claim | Cameron: testimony was unfairly prejudicial (ER 403) and improper propensity evidence (ER 404(b)); trial court erred denying motion in limine | Not preserved on appeal — defense objected only as leading, not on ER 403/404(b); appellate court declined to review |
| Sufficiency of the evidence for felony harassment (threat to kill Sommerville) | State: evidence (Sommerville’s testimony about the second threat and subsequent fear) supports conviction | Cameron: insufficient because Sommerville initially testified he didn’t believe the first threat; also claimed he acted with lawful authority (self-defense) | Affirmed — evidence (second threat + victim’s fear) sufficient; jury could find Cameron lacked lawful authority |
Key Cases Cited
- State v. Mason, 160 Wn.2d 910 (discusses preservation of evidentiary objections)
- State v. Farnsworth, 185 Wn.2d 768 (standard for reviewing sufficiency of the evidence)
- State v. Homan, 181 Wn.2d 102 (deference to jury on witness credibility)
- State v. Smith, 111 Wn.2d 1 (lawful use of force and threats in self-defense)
- State v. Everybodytalksabout, 145 Wn.2d 456 (evidentiary errors not of constitutional magnitude)
- Giles v. California, 554 U.S. 353 (context for ER 404(b) and related evidentiary principles)