The day before Thanksgiving (2023), the Law Office of Mark Knapp PLLC obtained an acquittal in a case alleging Second Degree Assault (with a firearm enhancement) in Snohomish County today. The three-day jury trial focused on open-carry issues and whether the complaining witness (the alleged victim) was justified in grabbing a loaded shotgun from our client. Grabbing a weapon is only justified where a threat of imminent deadly force exists.
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Self-Defense or Criminal Assault? Grabbing a shotgun—other than in self-defense—constitutes Assault in the Second Degree and could include Robbery charges, and a Firearms Enhancement. Our client told the police and the jury that he just went to the parking lot to check on his motorcycle when his neighbor approached him aggressively, demanding to know why he was carrying a shotgun in a common area.
Who Assaulted Whom? The so-called victim alleged that the defendant knocked on the front door of his apartment unit and pointed the shotgun at him. Did he realize at some point that wrestling the shotgun away from our client could result in felony charges? There were so many contradictions in the Complainant’s testimony that the jury doubted the State’s case.
Who Was the Real Aggressor? The moral of the story is that open-carry of a shotgun in the common areas of an apartment complex is not usually a good idea unless you are expecting to be involved in riot control. Our client testified that he just went out to the parking lot to check on his motorcycle which had already been stolen once. On the way back from the short trip to the parking lot, the neighbor accosted the defendant and possibly decided that grabbing the weapon was a heroic thing to do. Was the neighbor trying to teach our client a lesson?
Deadly Force. We told the jury, “Open-carry of a shotgun in an apartment complex is stupid as Hell!” On the other hand, grabbing a shotgun is even more stupid—and also a crime—unless confronted with imminent deadly force!
Inconsistent Testimony From State’s Chief Witness. Making up several stories to justify grabbing a gun in any situation poses difficulty making the stories consistent with each other. After the alleged assault with a deadly weapon, the neighbor had previously tried to obtain an Anti-harassment Protection Order, even though our client never contacted him after the incident with the shotgun.
Transcripts Devastating During Cross Examination. After we cross-examined the complaining witness in the civil case, the judge found his testimony to lack credibility and found our client’s testimony to be credible. The fact that we could confront the complaining witness with a transcript of his repeated contradictions, evasions and hostile responses asserted at the previous hearing made him even more contradictory, evasive and hostile in front of the jury when we cross examined him at trial!
Who Called 911? Many prosecutors impute guilt to the accused when he or she had a gun and failed to call 911 before the so-called victim. Our client just waited at his own apartment unit for the police because he knew that others, including the neighbor who took his gun away, made sure that law enforcement was on its way.
Call 911 Immediately. The prosecutor in the case emphasized to the jury that his witnesses called 911 and that the defendant only reported his gun was stolen after the police arrived. Make sure to always call the police immediately if you display a weapon during an altercation, hostile encounter or after experiencing threats of any kind. When the potential for use of force arises during an altercation, someone usually calls 911. You want to make sure you are the first caller. Don’t leave home without your cell phone if you are carrying openly or concealed. Aggressors often call 911 first because they are conscious of potential criminal charges.
Tell the Truth or Remain Silent! The client was wise enough only to tell the police that the other man assaulted him by stealing his shotgun. Make it clear simple and short because anything you say can be used against you. The prosecutor showed a garbled excerpt from a video to try and convince the jury that the defendant at first claimed the neighbor stole the weapon out of the defendant’s apartment. The less said to the police the better. If you decide to speak, don’t make up anything. Tell the truth because every detail will be magnified at trial.
Anything You Say Can & Will Be Used Against You! It is strongly recommended to only indicate you were scared for your life, distraught and will be glad to discuss more details with a lawyer present after you have a chance to calm down, rest and reflect. Police lawyers advise them to do the same ting after officer involved shootings. So officers understand and cannot use such a request against you in court. Even if you tell the truth, your statements can be manipulated or taken out of context; law enforcement often misquotes suspects. In court, officers depend on their police reports which often contain biases, assumptions, misrepresentations and outright inadvertent and/or false characterizations of your initial statements to law enforcement.
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