State v. Walker

• Docket Number: 57779-8-II
• Decision Date: 26 December 2023
• Parties: STATE OF WASHINGTON, Respondent, v. JASON DEAN WALKER, Appellant.
• Court: Washington Court of Appeals

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STATE OF WASHINGTON, Respondent,
v.
JASON DEAN WALKER, Appellant.

No. 57779-8-II

Court of Appeals of Washington, Division 2

December 26, 2023

UNPUBLISHED OPINION

Price, J.

Jason D. Walker challenges his conviction for attempting to elude a police vehicle. Walker argues that the State failed to provide sufficient evidence at trial to show that he was driving in a reckless manner or was actually attempting to elude. We disagree and affirm.

FACTS

On a dark and rainy evening in April 2022, around 9:00 p.m., Walker drove his black truck into a ditch along the side of the road. After a passing driver reported Walker's truck, Trooper Schahfer arrived on the scene in his uniform and in a marked patrol vehicle. Trooper Schahfer observed a white truck on the road, which appeared to be preparing to pull Walker's truck out of the ditch.

The white truck successfully pulled Walker's truck out of the ditch, but Walker's truck was then positioned in the lane of oncoming traffic. Schahfer approached Walker while he was still in his truck. As Walker handed Trooper Schahfer his driver's license, the trooper noticed Walker's eyes were bloodshot and watery and he smelled of alcohol. Trooper Schahfer asked if Walker had

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been drinking, and Walker replied, "a little bit." Verbatim Rep. of Proc. (Nov. 15, 2022) at 153; Ex. 3, at 6 min., 53 sec. to 6 min., 57 sec.

Trooper Schahfer asked Walker to pull over to the shoulder so he would not be blocking oncoming traffic, but Walker asked if the trooper could follow him to his house instead. The trooper said no and told Walker to pull up no further than a nearby speed limit sign. At that point, the white truck was still at the scene, stopped in the correct lane of travel. Walker pulled forward but past the point identified by the trooper. Walker finally stopped behind the white truck. Trooper Schahfer began to approach Walker on foot. But then Walker suddenly pulled into the oncoming lane of traffic to pass the white truck and drove away.

Trooper Schahfer ran back to his patrol vehicle and began to follow Walker with his emergency lights activated. The trooper believed Walker was trying to get away from him because Walker accelerated and began to exceed the speed limit. Trooper Schahfer received permission from a supervisor to pursue Walker and activated his patrol vehicle's sirens. Despite the wet conditions, and although the speed limit was 35 miles per hour, Walker drove at speeds of around 45 to 50 miles per hour. The road was winding and Walker was forced to slow down to take some turns. Trooper Schahfer managed to catch up to Walker, but Walker did not pull over. During his pursuit, the trooper observed Walker's truck veer right, out of the lane of travel and onto the shoulder, twice, although Walker also appeared to have used his turn signal before making at least one turn. The pursuit lasted about two minutes.

Walker eventually approached his driveway. Walker veered over into the oncoming lane, swung his truck too wide, and missed the entry to his driveway. Walker was forced to back his truck into the oncoming lane in order to reposition his truck and pull into his driveway.

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Trooper Schahfer got out of his patrol vehicle and placed Walker under arrest. Walker was thereafter cooperative. The trooper then transported Walker to the Tumwater Police Department, where Walker was administered breathalyzer tests that produced multiple samples well-exceeding the legal limit (0.254, 0.256, 0.268, and 0.267 blood alcohol levels). Trooper Schahfer was also advised that Walker was required to have an ignition interlock device, but his truck did not have one.

Walker was charged with attempting to elude a police vehicle, driving under the...