State of Washington v. Joshua David Fleming
33644-1
Wash. Ct. App.Apr 18, 2017Background
- On May 1, 2012, Eric Stensgar was found with multiple stab wounds in a semi‑secluded area behind a Spokane house; he later died (suicide occurred while defendant was in custody).
- Witnesses saw Stensgar with a short, blond/“sandy blond” white male shortly before the assault; that man fled the scene.
- An Ecko letterman jacket with the victim's blood on the exterior sleeves was recovered near the scene; the sleeves appeared to have been hastily removed.
- Fingerprints matching Fleming were found on two beer bottles and a plastic bag at the scene; those containers appeared recently placed.
- DNA testing later identified Fleming as a major contributor on the jacket cuffs and right sleeve; Fleming moved to suppress the cheek‑swab warrant but the trial court denied suppression.
- Fleming waived a jury, was convicted by the trial judge of first‑degree assault and sentenced as a persistent offender to life without parole; the Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of identity evidence | State: circumstantial evidence (witness description, recent items with Fleming's fingerprints, victim's blood on jacket, Fleming's DNA predominating on cuffs/sleeve) permits inference Fleming wore jacket and committed assault | Fleming: evidence only shows presence at scene or prior contact; DNA/fingerprints do not prove timing or that he was assailant; transient camp users could share clothing | Affirmed — viewed in light most favorable to prosecution, a rational trier of fact could find identity beyond a reasonable doubt |
| Validity of warrant for cheek swab (probable cause) | State: affidavit tied Stensgar’s photo ID, jacket ID, Fleming fingerprint at scene, matching physical description, and bloodstained jacket — sufficient for probable cause | Fleming: affidavit insufficient; magistrate should not have issued warrant absent prior DNA recovered from jacket | Affirmed — magistrate could reasonably conclude probable cause existed to obtain Fleming’s DNA from a cheek swab |
| Whether magistrate must first get DNA from jacket before swabbing suspect | State: not required; imposing sequential warrants is unnecessary and not compelled by constitution or rules | Fleming: warrant to swab should wait until DNA on jacket is confirmed to connect to suspect | Rejected — no legal requirement to obtain sequential warrants; testing jacket and then suspect need not be bifurcated |
| Additional grounds (ineffective assistance / prosecutorial misconduct) | Fleming (SAG): counsel should have cross‑examined more vigorously, obtained DNA expert; prosecutor committed misconduct | State: any errors were curable or speculative; bench trial presumes judge followed law; no Strickland prejudice shown | Rejected — SAG claims summary‑dismissed; no showing of ineffective assistance or prejudicial prosecutorial misconduct |
Key Cases Cited
- Homan v. State, 181 Wn.2d 102 (Washington 2014) (bench‑trial review: substantial evidence supports findings)
- Salinas v. State, 119 Wn.2d 192 (Washington 1992) (appellate review admits truth of State's evidence and reasonable inferences)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (federal sufficiency standard: viewing evidence in light most favorable to prosecution)
- Green v. State, 94 Wn.2d 216 (Washington 1980) (adoption of Jackson standard)
- Garcia‑Salgado v. State, 170 Wn.2d 176 (Washington 2010) (cheek swabs are searches; warrant generally required)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance standard requiring deficient performance and prejudice)
- Chenoweth v. State, 160 Wn.2d 454 (Washington 2007) (probable cause may be based on hearsay)
- Gregory v. State, 158 Wn.2d 759 (Washington 2006) (discussing DNA sources and warrant practice)