State Of Washington v. Shanne Thomas Mckittrick And Eric Elliser, 47929-0

Background

On Nov. 16, 2013, after prior arguments about an affair between Wagner and another skinhead's wife, McKittrick followed Wagner’s group, a roadside confrontation occurred, and Wagner was later found dead from three stab wounds.
Witnesses testified that Wagner yelled that McKittrick had stabbed him, McKittrick admitted stabbing and disposing of a knife, and medical evidence showed any one of the wounds could have been fatal (chest wound caused death within minutes).
Defendants were tried on charges including second-degree felony murder (predicated on assault) with deadly-weapon enhancements; juries convicted McKittrick and Elliser of second-degree felony murder (and other counts), and found them armed.
Trial evidence included testimony about skinhead culture from a State expert (admitted with limits excluding white‑supremacist ideology) and testimony describing loyalty, respect, and discipline norms among skinheads.
Trial court gave both a self-defense instruction and a primary- aggressor instruction; it sustained an objection to defense counsel’s argument that the jury should subjectively "put themselves in the defendant’s shoes."
On appeal the court considered sufficiency of evidence (for both defendants), admissibility of skinhead-culture evidence under ER 404(b), correctness of the primary-aggressor instruction and limits on closing argument, a unanimity claim (declined as moot), and an SAG claim attacking the expert's qualification.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency—McKittrick (felony murder predicated on assault)	State: evidence (victim’s outcry, admissions, witness statements, medical cause of death) supports that McKittrick stabbed and caused death	McKittrick: State failed to prove he made the fatal stab wound	Affirmed — viewing evidence in State's favor, reasonable jury could find McKittrick stabbed Wagner and caused death
Sufficiency—Elliser (accomplice to felony murder)	State: Elliser intervened, positioned himself on opposite side of Wagner, tried to grab Wagner, aiding the assault	Elliser: No proof he knew of or aided McKittrick’s planned assault; mere presence insufficient	Affirmed — evidence supported accomplice liability (encouragement/assistance)
Admission of skinhead-culture evidence (ER 404(b))	State: culture evidence relevant to motive, loyalty/disrespect explains acrimony and conduct	Defendants: prejudicial and unnecessary to show motive; risks propensity inference	Affirmed — trial court applied four‑part test, limited socio-political content, probative value outweighed prejudice
Primary-aggressor instruction & limiting self-defense argument	State: instruction appropriate because evidence could show McKittrick provoked the confrontation	McKittrick: instruction (and striking argument that jury subjectively "put themselves in his shoes") negated self-defense	Affirmed — instruction supported by record; court properly excluded legally erroneous subjective self-defense argument

Key Cases Cited

In re Winship, 397 U.S. 358 (procedural due process; burden of proof beyond a reasonable doubt)
State v. Rich, 184 Wn.2d 897 (sufficiency-of-evidence review standard)
State v. Embry, 171 Wn. App. 714 (four-part test for admitting gang evidence under ER 404(b))
State v. Lord, 161 Wn.2d 276 (abuse-of-discretion standard for trial-court rulings)
State v. Riley, 137 Wn.2d 904 (self-defense assessed from view of reasonably prudent person "in the defendant's shoes")
State v. Sullivan, 196 Wn. App. 277 (standards for giving primary-aggressor instruction)
State v. Frost, 160 Wn.2d 765 (closing arguments limited to facts and law; trial-court discretion)