State Of Washington v. Tyree William Jefferson
199 Wash. App. 772
| Wash. Ct. App. | 2017Background
- On Feb. 14, 2013, after a dispute at a Tacoma nightclub, a confrontation at a nearby Union 76 gas station resulted in Rosendo Robinson being shot multiple times; surveillance video showed a man (later identified by witnesses as Tyree Jefferson) retrieving a dark object from a car trunk and running toward Robinson with his arm extended.
- Jefferson was charged with attempted first degree murder, first degree assault, and unlawful possession of a firearm; jury convicted and he received a lengthy aggregate sentence.
- Jefferson appealed raising ten claims including Batson (peremptory strike of the only African American venireperson), appearance-of-fairness/judge bias, denial of mistrial for alleged juror misconduct, erroneous admission/exclusion of evidence (gang references, defense investigator’s freeze frames), prosecutorial misconduct, insufficiency of evidence, defective jury instruction, ineffective assistance of counsel, and cumulative error.
- Trial court had removed one juror (juror 8) after private voir dire revealed she felt intimidated when leaving the courthouse; the court questioned all jurors and denied a mistrial.
- The court excluded the defense investigator (Patrick Pitt) from authenticating additional freeze-frame images for lack of foundation and under ER 403; gang evidence was largely excluded except sparse use of nicknames; defense counsel was admonished out of jury’s presence for professionalism and candor issues.
Issues
| Issue | Plaintiff's Argument (Jefferson) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Batson challenge to peremptory strike of sole African-American venireperson | Strike was racially motivated; prima facie case of discrimination | Strike based on race-neutral reasons (juror said voir dire was a "waste of time," admitted bringing extraneous evidence in prior jury service, enthusiastic 12 Angry Men comment) | Trial court denial affirmed; reasons deemed nondiscriminatory and not clearly erroneous |
| Appearance of fairness / judicial bias | Trial judge’s comments, admonitions, and conduct showed bias against Jefferson | Court management and admonitions were appropriate, mostly outside jury presence, and did not display bias | No appearance-of-fairness violation; trial fair and impartial |
| Mistrial for juror misconduct (juror 8 intimidation/extrinsic influence) | Juror 8 felt intimidated; jury tainted; mistrial required | Court conducted private voir dire of jurors, excused juror 8, questioned others and cured prejudice; mistrial unnecessary | Denial of mistrial affirmed; removal of juror 8 and inquiry was reasonable |
| Admission of gang evidence / nicknames | Sparse use of nicknames implied gang affiliation and prejudiced defendant | State largely excluded gang evidence; nicknames alone are not gang proof and were limited | No abuse of discretion; nicknames did not make it a gang case |
| Exclusion of defense investigator (Pitt) and freeze frames | Excluding Pitt prevented presentation/authentication of defense images (right to present defense) | Pitt lacked personal knowledge/foundation, evidence cumulative and confusing under ER 403 | Exclusion affirmed; no violation of right to present defense (ER 602, ER 403) |
| Prosecutorial misconduct (first-name use, speaking objections, requests to admonish gallery, closing statements) | Prosecutor improperly addressed counsel, made speaking objections, impugned counsel and prejudiced jury | Statements were isolated, corrected, or nonprejudicial; no substantial likelihood verdict affected | No abuse of discretion; comments not sufficiently prejudicial to warrant mistrial |
| Sufficiency of evidence for attempted 1st degree murder and unlawful possession | No one saw a gun; insufficient circumstantial proof of premeditation and possession | Surveillance, freeze frames, eyewitness IDs, and victim’s gunshot wounds support intent, substantial step, and possession | Evidence sufficient when viewed in State’s favor; convictions affirmed |
| "To convict" instruction for attempted 1st degree murder omitted premeditation | Instruction failed to include premeditation element for murder-first-degree | Instruction tracked WPIC: "to convict" for attempt states intent and substantial step; separate instructions defined murder and premeditation | Instruction proper; jury received elements via combined instructions |
| Ineffective assistance of counsel (unprofessional conduct) | Defense counsel’s conduct and admonitions amounted to ineffective assistance | Counsel acted zealously; most adverse events occurred outside jury presence; no tactical deficiency shown | No ineffective assistance; Strickland test not met |
| Cumulative error | Multiple trial errors together denied fair trial | Errors were few/insubstantial and harmless singly and cumulatively | No cumulative error; conviction affirmed |
Key Cases Cited
- Batson v. Kentucky, 476 U.S. 79 (prohibiting race-based peremptory strikes)
- Strauder v. West Virginia, 100 U.S. 303 (fair cross-section and race-neutral jury selection principle)
- State v. Saintcalle, 178 Wn.2d 34 (Batson framework and appellate deference)
- State v. Bone-Club, 128 Wn.2d 254 (permitting courtroom closure in limited circumstances)
- State v. Pete, 152 Wn.2d 546 (extrinsic evidence to jury requires new trial inquiry)
- Chambers v. Mississippi, 410 U.S. 284 (right to present a defense balanced against evidentiary rules)
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard)
- State v. DeRyke, 149 Wn.2d 906 (instructions for attempt crimes and element presentation)
- State v. Vaughn, 101 Wn.2d 604 (ER 602 personal-knowledge threshold)