State Of Washington, V. K.d.p.
54317-6
| Wash. Ct. App. | Nov 2, 2021Background
- K.D.P., a 15‑year‑old, went to a Battleground Walmart parking lot and told others he wanted to fight D.S.; D.S. arrived ~45 minutes later.
- Before D.S. arrived, K.D.P. entered Walmart, purchased a 3.25‑inch folding hunting knife, removed it from packaging, and hid it on his person.
- When D.S. and K.D.P. confronted each other they agreed to fight; many bystanders watched and encouraged both sides; the fight had multiple breaks and K.D.P. repeatedly re‑engaged.
- Toward the end of the fight K.D.P. pulled the knife and cut D.S.’s torso (deep wound, bone involvement); D.S. was hospitalized; K.D.P. attempted to flee but was detained and arrested.
- Juvenile court found D.S. credible, rejected K.D.P.’s self‑defense claim, concluded K.D.P. used a deadly weapon and recklessly inflicted great bodily harm, and adjudicated K.D.P. guilty of second‑degree assault.
- On appeal K.D.P. challenged several findings as unsupported by substantial evidence and argued the State failed to disprove self‑defense; the Court of Appeals affirmed.
Issues
| Issue | State's Argument | K.D.P.'s Argument | Held |
|---|---|---|---|
| Whether specific findings of fact (¶¶5,6,8,13) are supported by substantial evidence | Testimony and video corroborated timing, knife purchase, mutual fight, and bystander encouragement | Testimony conflicted; he lacked time/intent to prepare and acted defensively | Substantial evidence supports those findings; appellate review defers to trial credibility determinations |
| Whether court's factual findings support conclusions of law (including mislabeled findings) | Findings show premeditated preparation (knife purchase/ concealment) and mutual fight | Some conclusions mislabelled; but facts do not support self‑defense | Court treats mislabelled conclusions as findings; facts support conclusions of law |
| Whether State disproved self‑defense beyond a reasonable doubt | K.D.P. armed himself in advance, re‑engaged repeatedly, used excessive force (knife) near fight end | K.D.P. reasonably feared for safety, was outnumbered/ cornered, pulled knife to de‑escalate and protect himself | Self‑defense rejected: both subjective and objective tests fail; use of knife was excessive and not reasonably necessary |
| Whether evidence supports adjudication of second‑degree assault | Evidence shows assault with deadly weapon causing great bodily harm and State disproved self‑defense | Relies on his testimony and Callahan to claim reasonableness | Adjudication affirmed; appeal relies on testimony trial court found not credible and Callahan is distinguishable |
Key Cases Cited
- State v. Homan, 181 Wn.2d 102 (2014) (standard of review: substantial evidence for findings; de novo review of conclusions of law)
- State v. Thomas, 150 Wn.2d 821 (2004) (defer to trier of fact on credibility and conflicting testimony)
- State v. Grott, 195 Wn.2d 256 (2020) (once self‑defense is raised, burden shifts to State to disprove it beyond a reasonable doubt)
- State v. Read, 147 Wn.2d 238 (2002) (subjective and objective tests for self‑defense)
- State v. Walden, 131 Wn.2d 469 (1997) (amount of force judged by what reasonably appeared necessary to defendant)
- State v. Werner, 170 Wn.2d 333 (2010) (use of reasonably prudent person standard in self‑defense analysis)
- Callahan v. State, 87 Wn. App. 925 (1997) (displaying a weapon may support a self‑defense instruction depending on circumstances; facts here distinguishable)
- Willener v. Sweeting, 107 Wn.2d 388 (1986) (a court’s mislabelled conclusion of law that is factual in nature is reviewed as a finding of fact)
