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