State Of Washington v. Randy Allen Harkey
75257-0
| Wash. Ct. App. | Oct 2, 2017Background
- Late-night, two-lane rural road: Harkey passed a marked Snohomish County deputy at high speed.
- Deputy activated lights and siren; Harkey continued, accelerating to about 70 mph in a 40 mph zone for roughly 0.4 miles.
- Road segment was narrow with no right shoulder; driveways existed on the left; no other traffic present.
- When the deputy caught up, Harkey made an un-signaled quick turn into a driveway (his residence), exited the car, and fled on foot over a fence after being ordered to stop.
- K-9 tracking led to Harkey’s capture; he was convicted of attempting to elude a police vehicle (other convictions not at issue on appeal).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: did evidence show Harkey failed to "immediately" stop (as soon as reasonably possible) after a police signal? | State: Harkey kept accelerating for ~0.4 miles after lights/siren, turned into driveway without signaling, then fled — a jury could infer he chose not to stop immediately. | Harkey: he stopped within ~0.4 miles (~20 seconds at 70 mph); lack of right shoulder made earlier safe stopping impracticable; he reasonably waited for his driveway. | Affirmed — evidence sufficient for a rational juror to conclude Harkey did not stop as soon as reasonably possible. |
Key Cases Cited
- State v. Sherman, 98 Wn.2d 53 (defining "immediately" as "as soon as reasonably possible" in eluding context)
- State v. Perez, 166 Wn. App. 55 (evidence sufficient where defendant accelerated, ran, and did not stop immediately after signal)
- State v. Rich, 184 Wn.2d 897 (standard for sufficiency review)
- State v. Salinas, 119 Wn.2d 192 (challenge to sufficiency admits truth of State's evidence and reasonable inferences)
- Kim v. Lakeside Adult Family Home, 185 Wn.2d 532 (fact questions for jury on "immediately" issue)
