State v. Williams

• Citation: 219 P.3d 978,152 Wn. App. 937
• Decision Date: 09 November 2009
• Docket Number: No. 37619-9-II.,37619-9-II.
• Parties: STATE of Washington, Respondent, v. Michael Deroun WILLIAMS, Appellant.
• Court: Court of Appeals of Washington

219 P.3d 978 152 Wn. App. 937 STATE of Washington, Respondent,
v.
Michael Deroun WILLIAMS, Appellant. No. 37619-9-II. Court of Appeals of Washington, Division 2. November 9, 2009.

Kathryn A. Russell Selk, Russell Selk Law Office, Seattle, WA, for Appellant.

Michelle Luna-Green, Pierce Co. Pros. Attorney, Kimberley Ann Demarco, Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.

PENOYAR, A.C.J.

¶ 1 Michael Deroun Williams appeals his conviction for obstructing a law enforcement officer. Williams made false statements, including giving a false identity, to police officers who were investigating a theft. Williams argues that the obstruction statute, RCW 9A.76.020(1), applies only to obstructive conduct, not to obstructive speech. Williams also argues that he received ineffective assistance of counsel because his counsel failed to assert at trial that false statements to a police officer cannot serve as the basis for a conviction under RCW 9A.76.020(1). We affirm.

FACTS

¶ 2 On December 3, 2007, Williams asked Les Schwab Tires in Fife to install new tires and rims on his girlfriend Chelsey Pierce's Jeep Cherokee. Les Schwab installed the tires and rims, balanced the tires, and cut siping into the treads. The tires and rims cost $1,533.96. The total pre-tax cost of all products and services was $1,694.96.

¶ 3 Williams tried to pay with a check, but Les Schwab's check verification system declined the check. Williams then offered to get cash from the bank, stating that "he would be right back." Report of Proceedings (RP) (Jan. 31, 2008) at 26. Les Schwab's accountant, Heather Crawford, told Williams to leave the car and key with her until he returned.¹ Williams gave Crawford the key, but he drove off in the car.

219 P.3d 979

¶ 4 Several hours later, Crawford realized that the vehicle was missing. She called the police after attempts to contact Williams were unsuccessful. Officer Thomas Vradenburg of the Fife Police Department responded. He obtained Pierce's address in Federal Way and asked the Federal Way police to investigate.

¶ 5 Officer Scott Parker of the Federal Way Police Department went to Pierce's residence, where he found Williams. They spoke in the doorway of Pierce's home. Williams informed Parker that his name was "Eric R. Williams," which is his brother's name, and he gave a false birth date. RP (Jan. 31, 2008) at 44. Williams told Parker that he "didn't have any identification on him," even though he had identification in Pierce's home. RP (Jan. 31, 2008) at 47.

¶ 6 When Parker asked Williams whether there was another way to determine his identity, Williams replied that his mother, grandmother, and aunt lived "down the street." RP (Feb. 4, 2008) at 22. Parker asked Williams to accompany him to a relative's house to verify his identity, but Williams stated that he did not know the addresses. At trial, Williams stated, "I had to, like, think about it for a second. No, if we go there then I can't be Eric Williams if we go there [sic] because they know what my name is, so I just was evasive with all their questions and my identity." RP (Feb. 4, 2008) at 22. Williams testified that he was evasive about his identity because he had an outstanding arrest warrant for violating community custody.

¶ 7 Williams admitted to Parker that he had taken the car from the Les Schwab lot. He then showed Parker the car. Williams stated that errands had prevented him from returning to pay Les Schwab before it closed.² Williams said that he had left Les Schwab a voice message about being late. Les Schwab, however, did not have a voice messaging system that allowed a person to leave a message.

¶ 8 Parker informed Vradenburg that he found the car and spoke to Williams. Vradenburg drove to Federal Way to speak to Williams. Williams again identified himself as "Eric Williams" and gave a false birth date. RP (Jan. 31, 2008) at 56. He told Vradenburg that he did not know his address or Social Security number and had no identification. He stated that Michael Williams was his brother. Vradenburg ran a license check and determined that the physical description of "Eric Williams" did not match Williams.

¶ 9 Vradenburg arrested Williams and transported him to Fife City Jail. Vradenburg asked the county jail staff to complete an "administrative booking" since there was a discrepancy in identity. RP (Jan. 31, 2008) at 60. This booking method uses names, fingerprints, and photographs to identify suspects.

¶ 10 After being held in a cell "for a while," Williams admitted his true name and birth date to a police officer. RP (Jan. 31, 2008) at 60. The officer relayed this information to Vradenburg, who discovered "Michael Williams" in the police records and noted that Williams had an outstanding warrant. Vradenburg asked jail officials to email Williams's booking photo, which he matched to the police records, thus enabling him to finally verify Williams's identity.

¶ 11 The State charged Williams with first degree theft,³ making a false or misleading statement to a public servant,⁴ and obstructing a law enforcement officer.⁵ Following a bench trial on January 31 and February 4, 2009, the trial court convicted Williams on all charges....