State of Washington v. Michael James Kegley a/k/a Mike Falcon
39750-5
| Wash. Ct. App. | Jul 29, 2025Background
- Michael Kegley and Jordan Austin-Stovall, both residing at a homeless shelter, were involved in a late-night altercation where Kegley slashed Austin-Stovall’s face with a box cutter after being shoved.
- The prosecution charged Kegley with second-degree assault, alleging use of a deadly weapon.
- Kegley claimed self-defense, citing his physical limitations and asserting that Austin-Stovall was the initial aggressor.
- Jury instructions on self-defense were given, but Kegley’s counsel did not request a no-duty-to-retreat instruction.
- The jury found Kegley guilty and found the box cutter was a deadly weapon; the court imposed a midrange sentence and a $500 victim penalty assessment (VPA).
- Kegley appealed, arguing ineffective assistance of counsel and challenging the VPA due to his indigency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance re: no-duty-to-retreat instruction | Counsel was ineffective for failing to request instruction | Counsel had strategic reasons; lack of instruction did not prejudice Kegley | No ineffective assistance; counsel’s strategy reasonable |
| Imposition of VPA on indigent defendant | VPA should be struck because of indigency under amended law | Agreed that statute requires waiver for indigent individuals | Remand to strike VPA |
| Speedy trial violation | His right to a speedy trial was violated | Less than ninety days between probable cause finding and trial; no authority cited | Claim inadequately argued and therefore waived |
| Ineffective assistance in trial prep | Counsel failed to prep Kegley to avoid self-incrimination | Intention to cut was not disputed; only self-defense at issue; no prejudice | No prejudice; claim rejected |
Key Cases Cited
- State v. Backemeyer, 5 Wn. App. 2d 841 (review standard for ineffective assistance of counsel)
- State v. Grier, 171 Wn.2d 17 (objective standard for deficient performance)
- State v. Breitung, 173 Wn.2d 393 (legitimate defense strategy not deficient)
- State v. Thompson, 169 Wn. App. 436 (standards for ineffective assistance linked to jury instructions)
- Smith v. King, 106 Wn.2d 443 (claims must be argued with authority or are waived)