282 P.3d 117
Wash. Ct. App.2012Background
- Chouinard was convicted of first degree unlawful possession of a firearm.
- Court reverses the conviction for insufficient evidence due to lack of dominion and control.
- Vehicle was a Spiderman decal car used in a shooting near Club Juno; Chouinard rode in the backseat as a passenger.
- Gun was found in the backseat area, protruding from a trunk gap created by detaching the backrest.
- Chouinard acknowledged seeing the gun but did not claim ownership or possession; there was no evidence he touched or transported the weapon.
- The driver and owner of the vehicle testified about the backseat detachment and access to the trunk; Chouinard was not in his own vehicle and did not own or drive the car.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive possession by a passenger | State argues proximity and knowledge show dominion. | Chouinard asserts no dominion or control; passenger cannot possess. | Insufficient evidence; reversed and charge dismissed with prejudice. |
Key Cases Cited
- State v. Bowen, 157 Wn. App. 821 (2010) (owner/driver controls; firearm in vehicle established possession)
- State v. Turner, 103 Wn. App. 515 (2000) (ownership and control of vehicle supports possession)
- State v. McFarland, 73 Wn. App. 57 (1994) (transportation of guns supports possession)
- State v. Reid, 40 Wn. App. 319 (1985) (possession when gun in car and moved; near control)
- State v. EcheverrÃa, 85 Wn. App. 777 (1997) (gun within reach in vehicle; driver context)
- State v. George, 146 Wn. App. 906 (2008) (passenger near contraband; no dominion)
- State v. Cote, 123 Wn. App. 546 (2004) (passenger proximity insufficient for dominion)
- State v. Hystad, 36 Wn. App. 42 (1983) (knowledge alone not enough for possession)