State of Washington v. James Michael Combs, 34092-9

Comcast subcontractor (in marked truck, high-visibility vest) performed a "hard disconnect" by knocking, receiving no answer, and disconnecting the main cable line to Combs's house.
Combs emerged armed with a metal baseball bat and swung at the technician multiple times; the technician retreated to his truck and called 911.
Deputies responded, interviewed the technician, attempted to contact Combs, considered but did not use SWAT, and later served Combs with a summons.
Combs testified he grabbed the bat after hearing pounding on the wall, demanded the man leave for trespassing, denied swinging, claimed fear, and later made belligerent 911 calls; he refused to exit for police.
Jury convicted Combs of second-degree assault with a deadly weapon; he appealed arguing (1) insufficient evidence to disprove self-defense (malicious trespass exception), and (2) prosecutorial misconduct for commenting on his pre-arrest silence.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Combs)	Held
Sufficiency to disprove self-defense based on malicious trespass exception	Technician was not a malicious trespasser; evidence shows lawful access and identification	Technician was trespassing; Combs acted in lawful defense of property/person	Affirmed — sufficient evidence that technician was not a malicious trespasser; jury could reject self-defense
Prosecutorial comment on pre-arrest silence (alleged misconduct)	Comments were proper rebuttal to defense theory that Combs refused to speak out of fear; Salinas permits argument when no Fifth Amendment invocation	Prosecutor improperly punished or shifted burden by referencing Combs’s silence/refusal to come out	Affirmed — prosecutor’s remarks not improper under Salinas and were responsive to defense, so no misconduct

Salinas v. Texas, 570 U.S. 178 (2013) (Fifth Amendment limits on commenting about pre-arrest silence clarified)
State v. Acosta, 101 Wn.2d 612 (1984) (self-defense negates unlawful force element; State must disprove self-defense beyond reasonable doubt)
State v. Salinas, 119 Wn.2d 192 (1992) (standard for reviewing sufficiency of evidence)
State v. Hupe, 50 Wn. App. 277 (1988) (definitions of assault)
State v. Easter, 130 Wn.2d 228 (1996) (earlier Washington rule on commentary about silence; discussed as superseded by Salinas)
State v. Lindsay, 180 Wn.2d 423 (2014) (standard for reviewing prosecutorial misconduct)
State v. Green, 194 Wn.2d 216 (1980) (sufficiency review does not permit reweighing evidence)