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State Of Washington v. John Russell
47258-9
| Wash. Ct. App. | Oct 11, 2016
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Background

  • On June 28–29, 2014, at a dinner in Aberdeen, John W. A. Russell suddenly attacked Jeanette Johnson, slashing her neck with a knife; Ike Stone restrained Russell after also being cut.
  • Jeanette suffered severe neck injuries requiring surgery and hospitalization; Russell was charged with first‑degree assault (Jeanette) and second‑degree assault (Stone), each with a deadly weapon enhancement.
  • During jury selection, Juror 10 disclosed prior, limited contact with Jeanette as a hospital charge nurse but stated she knew no details and could be impartial; defense did not challenge or use a peremptory on her.
  • The jury convicted Russell of first‑degree assault (with a deadly weapon) and second‑degree assault; firearm enhancements were rejected.
  • At sentencing the court imposed lengthy prison terms, ordered evaluation for civil commitment prior to release, imposed $575 in discretionary legal financial obligations (LFOs) plus other mandatory fees, and found Russell indigent; no individualized inquiry into his ability to pay discretionary LFOs was made.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence for first‑degree assault (specific intent to inflict great bodily harm) State: Evidence (Stone’s eyewitness testimony and victim’s injuries) supports intent beyond a reasonable doubt. Russell: Voluntary intoxication so severe he couldn’t form the specific intent required. Conviction affirmed — a rational juror could find intent despite intoxication.
Sentencing condition: pre‑release civil commitment evaluation State: Condition is crime‑related given unexplained, violent conduct. Russell: No evidence of mental disorder; evaluation not warranted and competency evaluation wasn’t done. Affirmed — court didn’t abuse discretion in ordering an evaluation.
Discretionary LFOs imposed without ability‑to‑pay inquiry State: (implicit) courts may impose LFOs; record left unchallenged below. Russell: Trial court failed to make individualized inquiry into present/future ability to pay as required. Reversed as to discretionary LFOs — struck and remanded for modification.
Jury impartiality re: juror with prior knowledge (SAG) State: Juror’s limited contact and assurances of impartiality made her fit to serve. Russell: Prior knowledge undermined right to impartial jury. Held no violation — no showing juror was biased or affected outcome.

Key Cases Cited

  • State v. Witherspoon, 180 Wn.2d 875 (2014) (standard for sufficiency review)
  • State v. Homan, 181 Wn.2d 102 (2014) (defendant admits State’s evidence when challenging sufficiency)
  • State v. Elmi, 166 Wn.2d 209 (2009) (first‑degree assault requires specific intent to inflict great bodily harm)
  • State v. Coates, 107 Wn.2d 882 (1987) (voluntary intoxication may be considered in assessing mental state)
  • State v. Warren, 165 Wn.2d 17 (2008) (standard for reviewing crime‑related sentencing conditions)
  • State v. Jones, 118 Wn. App. 199 (2003) (findings required before ordering mental‑health treatment as a condition)
  • State v. Blazina, 182 Wn.2d 827 (2015) (court must make individualized inquiry into defendant’s ability to pay before imposing LFOs)
  • State v. Lamar, 180 Wn.2d 576 (2014) (manifest constitutional error standard on appellate review)
Read the full case

Case Details

Case Name: State Of Washington v. John Russell
Court Name: Court of Appeals of Washington
Date Published: Oct 11, 2016
Docket Number: 47258-9
Court Abbreviation: Wash. Ct. App.