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State Of Washington v. Randy Allen Harkey
75257-0
| Wash. Ct. App. | Oct 2, 2017
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Background

  • 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)
Read the full case

Case Details

Case Name: State Of Washington v. Randy Allen Harkey
Court Name: Court of Appeals of Washington
Date Published: Oct 2, 2017
Docket Number: 75257-0
Court Abbreviation: Wash. Ct. App.