Is there enough evidence?

[kandy1412]

What is the name of your state? Washington
Here's the situation...Pieces of a firearm are presented to a trial jury. Expert testimony concluded these pieces consisted of a slide, a barrel, some spent shell casings and some live rounds matching the caliber of the firearm pieces found.
Testimony was given from a single witness claiming the firearm pieces indeed came from the same weapon which had been discharged into a wall at the crime scene and then used to strike that same witness in the mouth.
Ballistics were not done in an attempt to determine if the bullet found in a wall at the crime scene matched firearm pieces being presented to the jury, and no finger prints were gathered.
The defendant was found guilty of two counts of second degree assualt and given two separate weapon enhancements, one for discharging of a firearma dn one for striking accuser with the firearm.
The question is this; was there sufficient evidence showing the weapon pieces in question were in fact the weapon used in this crime? Or is there resonable doubt?
Secondly; are pieces of a firearm that by themselves are incapable of firing a projectile sufficient enough to implement a deadly weapon enhancement in the Washington State Court?
Any comments on this are urgently requested as a p.r.p. is in the works and time is of the essence.

 

[kandy1412]

Does no one have any comments on this?

 

[kandy1412]

If there is anyone who knows anything on Washington State law, time is critical. I am in desperate need of statutes, case laws, or any resource information relating to whether this situation is grounds to file an appeal. Please HELP!

 

[CdwJava]

What is the name of your state? Washington
Here's the situation...Pieces of a firearm are presented to a trial jury. Expert testimony concluded these pieces consisted of a slide, a barrel, some spent shell casings and some live rounds matching the caliber of the firearm pieces found.
Testimony was given from a single witness claiming the firearm pieces indeed came from the same weapon which had been discharged into a wall at the crime scene and then used to strike that same witness in the mouth.
Ballistics were not done in an attempt to determine if the bullet found in a wall at the crime scene matched firearm pieces being presented to the jury, and no finger prints were gathered.
The defendant was found guilty of two counts of second degree assualt and given two separate weapon enhancements, one for discharging of a firearma dn one for striking accuser with the firearm.
The question is this; was there sufficient evidence showing the weapon pieces in question were in fact the weapon used in this crime? Or is there resonable doubt?
Secondly; are pieces of a firearm that by themselves are incapable of firing a projectile sufficient enough to implement a deadly weapon enhancement in the Washington State Court?
Any comments on this are urgently requested as a p.r.p. is in the works and time is of the essence.

The time to rebut or challenge the findings or the testimony was at trial.

Apparently there WAS sufficient evidence to show that the weapon in question was the weapon in the crime. This could have been countered at trial, but apparently it was not - or at least it was not effectively challenged.

And what do you mean by "pieces of a firearm" being sufficient to provide for the deadly weapon enhancement? A bullet is not a piece of the firearm, it is a projectile expelled from the firearm through the use of a chemical combustion process.

What are the grounds for the appeal?


- Carl

 

[kandy1412]

It is my understanding that these things have been challenged and rebuted since the verdict was given. The only evidence to the weapon being the same, was the word of a witness, who isn't exactly a credible one at that. I think the key word in your response is "not effectively challenged" during the trial.

The defendant was found guilty of two counts second degree assault-given 48 months for each ran concurrent due to same criminal conduct. Then given two seperate weapon enhancements - 36 months each ran back to back for a total of 120 months.

When I say "pieces of a firearm" I mean simply an entire weapon was never found. Only the pieces described in the first paragraph of the original message. And then there were never bollistics done on those pieces or fingerprints taken from them. I guess the grounds for appeal would be circumstancial evidence if such a thing is possible.

I was present during the incident and even supeonad (sp?) to court, but after two long days waiting in the hall, was never called to the stand. The defendant has an extensive criminal history and I feel that he really wasn't ever given a fair shot even in the eyes his high paid attorney.

Thank you for your response, and anything further is greatly appriciated. I know that I am in a rather biased position, but I don't think it is right for one man to do 10 years for standing up to a punk (who initiated the whole situation) and deserved to have his ass kicked.

 

[CdwJava]

I still don't see grounds for an appeal. Not liking the sentence is not sufficient - neither is one person's belief the evidence was not conclusive. We CAN get murder convictions without weapons.

An appeal takes some legal grounds to believe that the defendant did not get a fair shake, not an opinion that he didn't. And I just don't see it. If his counsel was legally competent, he had his shot.

- Carl