State of Washington v. Justin Gabriel Gebhardt
33945-9
| Wash. Ct. App. | Jul 20, 2017Background
- Controlled buy: confidential informant purchased methamphetamine at an Econo Lodge on Dec. 5, 2014; two small skull-patterned baggies were recovered and turned over to Detective Horbatko.
- Surveillance tied a yellow pickup to the transaction; Agent Gravell identified Justin Gebhardt as the truck driver who met with the seller shortly before the buy.
- About a week later, officers executed a warrant at Gebhardt's garage and seized drug paraphernalia and a red opaque baggie containing crystalline methamphetamine; Gebhardt admitted the red baggie was his.
- Washington State Patrol Crime Lab analyst testified that exhibits 2 (two skull baggies) and 4 (red baggie) contained methamphetamine and that the items he tested were sealed with his tape and initials, but he did not testify how evidence reached the lab.
- Defense did not object at trial to the foundation or chain-of-custody for the baggies; the jury convicted Gebhardt of delivery and possession of methamphetamine.
- On appeal Gebhardt challenged admission of the baggies for lack of chain of custody, relying on State v. Roche; the Court of Appeals affirmed, finding the claim waived for failure to object and not raised as a manifest constitutional error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of physical evidence based on chain of custody | State: evidence and witness ID were sufficient for admission and weight for jury | Gebhardt: foundation was inadequate; Roche shows lab integrity can break chain of custody | Waived—defense failed to object at trial; not argued as manifest constitutional error; admission not reviewed and convictions affirmed |
Key Cases Cited
- State v. Roche, 114 Wn. App. 424, 59 P.3d 682 (2002) (chemist's misconduct can break chain of custody and taint trial integrity)
- State v. Campbell, 103 Wn.2d 1, 691 P.2d 929 (1984) (where item is susceptible to tampering, chain of custody testimony from custodians is customary; minor discrepancies affect weight not admissibility)
- United States v. Cardenas, 864 F.2d 1528 (10th Cir. 1989) (chain-of-custody standard described: establish sufficient completeness to render substitution or contamination improbable)