State Of Washington v. Gregory A. Wright
48710-1
| Wash. Ct. App. | Jun 20, 2017Background
- In January 2015, inmate George Wright met jail therapist Kristina Nystrom in a private treatment room; the door was normally propped open and a guard station was across the hall.
- During the session Wright suddenly closed and kicked out the doorstop so the heavy metal door shut and locked, punched Nystrom, and grabbed her neck, leaving a bruise.
- Wright moved a desk in front of the door and positioned himself between Nystrom and the door while continuing to reach for her neck; Nystrom screamed and feared for her life.
- Guards heard the screaming, forced the locked door open within seconds, and secured Wright without resistance.
- Wright was charged with first degree kidnapping (jury found special verdict that kidnapping was to facilitate assault or flight) and attempted second degree assault; the attempted assault was merged into the kidnapping sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for first-degree kidnapping (abduction element) | State: evidence showed Wright restrained Nystrom by threatening/using deadly force (door locked, desk blocked, neck grab/bruise, victim feared for life). | Wright: no abduction because he did not secrete her or hold her where she wouldn’t be found, did not use a firearm, and only caused bruises; did not actually choke or cut off airway. | Affirmed: evidence sufficient to show restraint by threatened use of deadly force (abduction). |
| Sufficiency of evidence for attempted second-degree assault (strangulation) | State: substantial step toward strangulation; neck grab causing bruise and continued attempt to compress neck supports intent and act. | Wright: did not successfully obstruct airway; only scrapes/bruises, so no attempted strangulation. | Affirmed: evidence sufficient that Wright intended to and substantially stepped toward compressing neck (attempted second-degree assault). |
Key Cases Cited
- Houston-Sconiers v. State, 188 Wn.2d 1 (2017) (standard for sufficiency of the evidence review)
- Berg v. State, 181 Wn.2d 857 (2014) (abduction may be proved by secluding a person where they are not likely to be found or by use/threat of deadly force)
- Majors v. State, 82 Wn. App. 843 (1996) (threat of deadly force need not rest on actual capability to inflict deadly force)
- Salinas v. State, 119 Wn.2d 192 (1992) (all reasonable inferences drawn in favor of the State on sufficiency review)