State v. Janes

• Decision Date: 08 April 1993
• Docket Number: No. 59022-2,59022-2
• Citation: 121 Wn.2d 220,850 P.2d 495
• Parties: , 22 A.L.R.5th 921 The STATE of Washington, Petitioner, v. Andrew G. JANES, Respondent. En Banc
• Court: Washington Supreme Court

Page 220

121 Wn.2d 220

850 P.2d 495, 22 A.L.R.5th 921

The STATE of Washington, Petitioner, v. Andrew G. JANES, Respondent.

No. 59022-2.

Supreme Court of Washington,

En Banc.

April 8, 1993.

Seth Dawson, Snohomish County Prosecutor, Seth Aaron Fine, Deputy, Everett, for petitioner.

Washington Appellate Defender Ass'n, Lenell Nussbaum, Seattle, for respondent.

Charles H. Williams, Olympia, Paul Mones, Santa Monica, CA, amici curiae for respondent on behalf of Washington Coalition against Domestic Violence, Washington Ass'n of Criminal Defense Lawyers, and National Battered Women's Law Project.

DURHAM, Justice.

In this case, we are asked to address two important and distinct questions. First, is expert testimony regarding the "battered child syndrome" generally admissible in appropriate cases to aid in the proof of self-defense? We answer that question in the affirmative. Second, given the history of abuse and the circumstances of this particular case, was there sufficient evidence that the defendant was in imminent danger of grievous bodily harm so as to warrant a self-defense instruction? Because the record before us is insufficient to answer this question, we remand for additional proceedings as set forth in this opinion.

Facts

Each of the residents of the Jaloveckas/Janes home could readily be identified as a victim. Certainly, Walter Jaloveckas was the victim of homicide; there is also indication that his childhood was traumatic. The defendant, 17-year-old Andrew Janes, was abandoned by an alcoholic father at age 7, and then sporadically abused by Walter for 10 years. Andrew's mother, Gale, and his brother, Shawn, were also abused and shared the pain of these traumatic times. The abuse ended when Andrew shot and killed Walter. Yet, there is no doubt that the suffering continues and is in many ways greatly amplified by Walter's death.

In 1978, Walter began living with Gale, a single mother, and her young sons, Shawn and Andrew. The relationship was difficult from the beginning. Walter attempted to be a father figure to the boys and he helped support them financially. However, he was also subject to frequent outbursts of temper which sometimes resulted in severe physical and emotional abuse. As one of the trial experts testified, throughout his association with Walter, Andrew experienced "chronic and enduring abuse that he received as a child and as an adolescent", Report of Proceedings (RP), at 602, and "an unremitting pattern of episodic terror", RP, at 1495. Some of these incidents will be detailed below.

On August 30, 1988, Walter was shot and killed by Andrew. The events immediately leading to Walter's death began on the evening of August 29. Walter became upset after learning that one of his friends had been arrested and he began yelling at Gale. Andrew was present for a while, but then left to listen to music in his room. After tiring of the confrontation, Gale went to Andrew's room and told him to take his dirty clothes to the laundry room. Walter appeared shortly thereafter, and according to Gale's testimony, leaned his head into Andrew's room and spoke to him in a low voice. Gale could not hear Walter's comments, but remarked that the low tone used by Walter was one usually reserved for threats. Andrew later told a psychiatrist that Walter criticized him but that he couldn't remember exactly what Walter had said. On the witness stand, Andrew was completely unable to recall the contents of Walter's comment.

When Andrew awoke at 5 a.m. on August 30, Walter had already gone to work. Gale mentioned to Andrew that Walter was still mad. One of Andrew's classmates, Eric Haukap, dropped by the Janes' home about 6:30 in the morning. Andrew showed Haukap a shotgun, and his friend watched as Andrew loaded it with five shells. Andrew then said that he was going to kill Walter. This threat was familiar to Andrew's friend, as he had made it several times before. Andrew hid the loaded shotgun and the two left to catch the bus to school. At school, Andrew smoked marijuana with some other students. He attended only two classes before leaving school to return home. No one else was at home.

Shortly after 2 o'clock that afternoon, Haukap and another classmate, Paul Roberg, went to Andrew's home. They told Andrew not to kill Walter because "it was stupid". RP, at 118. Andrew responded: "Well, I can get out of it, no problem". RP, at 132. Haukap also testified that Andrew's comments that day were similar to those Andrew had made on three earlier occasions. According to Haukap, Andrew was usually more talkative, but was "totally quiet" that day. The classmates left after about 15 minutes.

Although the sequence of the events immediately prior to the killing is unclear, the substance is not. Andrew testified that he remembered very little of what occurred after he returned home that morning. He did recall that he watched some television and later broke the lock off Walter's bedroom door to take some whiskey, marijuana, and a 9-millimeter pistol. ¹ He also retrieved the loaded shotgun and put on Walter's bulletproof vest. After drinking whiskey and smoking marijuana, Andrew began to think about "the things that Walter Jaloveckas had done". RP, at 1555.

Andrew also recorded a statement on a microcassette recorder found on the living room entertainment center. The transcript of the tape is as follows:

I declare war on Walt and whoever else. I feel that what I am doing is right. He--Walter has made mine and my mom's life and my brother's life miserable. My mom is never happy. She doesn't smile anymore, and I can't handle this shit. My mom was trying to get him to stop doing drugs, dealing drugs. She's tried everything and he won't stop. There's nothing she can do. From his drug dealing I have become addicted. I've tried to quit, but I can't. And I don't want this in my life anymore. So I shall take care of the problem myself. Mom, if you find this, I hope you will forgive me. I'm doing this in your best wishes. I hope you will be happier without Walter. I think I'm going crazy, Mom. This shit has just been too much. If the police should find this before you, I'm not responsible for my actions. I do not know what I'm doing.

RP, at 367-68.

When Walter returned home at his normal time, around 4:30 p.m., Andrew shot him with the pistol as he came through the front door. According to the medical examiner, two shots hit Walter Jaloveckas: the first through his right eye and the second through his head as he fell.

Andrew then punched the buttons on the house alarm system to summon the police, the fire department, and a medical unit. When the police arrived, he began firing upon them. He also fired several random shots, hitting the house, the telephone, and Walter's car. In the course of these actions, Andrew wounded Mrs. Eve Flores, a passerby, and Mountlake Terrace police officer James Blackburn. After about 5 minutes, Andrew surrendered.

While being transported to jail, Andrew orally stated that he had shot Walter, and later gave the following written confession:

I came home from second period from school and decided to take care of Walt. I hated the way he treated my mom, and she tried to stop him from dealing dope. She tried to stop him, but she couldn't. He always yelled and screamed at us and was violent to us once in awhile [sic ]. He was nice when he was high, but he hated me. He was being an asshole most of the time. I did it to make my mom happy and free.

RP, at 483. At the trial, Andrew's mother testified that when she saw Andrew at the police station directly after the shooting he was throwing up, talking to himself, and he didn't recognize her.

Andrew later explained to mental health professionals his motivation and his actions prior to the killing. According to Dr. Carl Redick, Andrew stated that he was upset by the episode the night before, and that when he awoke, he felt weird. After returning home, Andrew watched TV, obtained the guns and drugs, and began to think about his situation. He concluded that he would kill Walter. Andrew also played some heavy metal tapes. Andrew stated to Dr. Redick that he knew he was going to kill Walter approximately an hour before it occurred.

Dr. Bruce Olson's testimony was similar. Andrew told Dr. Olson that he obtained the guns at about 4 p.m. after listening to "Creeping Death", a song by the heavy metal rock band Metallica. Andrew told Dr. Olson:

[T]hen I got the shotgun. Then I knew I was going to shoot him because he hurt me, my mom, my brother and because I couldn't take it no more. After so many years you can only take so much. I got a bullet proof vest. I put it on.

RP, at 900. Andrew then loaded the guns and filled his pockets with ammunition. Andrew told Dr. Olson that he: "went back into the den, turned up the stereo, got psyched up. Music will help you do it. They write pretty bizarre stuff." RP, at 901. Andrew then recalled hearing Walter drive up and walk to the door. "I shot him right when he walked in the door". RP, at 901.

Andrew was charged with one count of first degree murder (premeditated) in killing Walter Jaloveckas, one count of assault in the second degree in firing the shotgun at police officers, and one count of assault in the second degree in firing the shotgun at Mrs. Eve Flores.

Andrew never disputed that he shot and killed Walter. Instead, at his jury trial, he offered two distinct defenses: First, that the homicide was justifiable self-defense, based on the history of abuse by Walter. Second, that his capacity to premeditate and to form intent was diminished by the abuse he had suffered and from his use of drugs and alcohol.

In support of Andrew's request for a self-defense instruction, Dr. Christopher Varley, a child psychiatrist, was called for an offer of proof. This testimony, in large part, was repeated later before the jury. Dr. Varley testified that Andrew suffered from, inter alia, post-traumatic stress...