In the Courtroom

Recent Jury Trial Victories of SBMH Attorneys

When you are charged with a crime it is important to have an attorney with a reputation for a willingness to take his or her cases to trial. It is even better when your attorney is a recognized winner in the courtroom. It has been our experience at Stewart Beall MacNichols & Harmell, Inc., P.S., that over ninety percent of our trials resolve short of going to trial. Still, prosecutors are aware that where necessary our attorneys are not afraid to face them in front of a jury. The following are examples of recent trial victories of SBMH attorneys:

In June 2010 Andrea Beall represented C.A. at a jury trial in Municipal Court on charges of Malicious Mischief Domestic Violence and Harassment Domestic Violence.  C.A. was accused of approaching an ex-girlfriend in a nightclub, threatening her and then going outside and slashing her tires.  Witnesses included the alleged victim, her friend who allegedly witnessed the slashing of the sand a police officer.  The only witness for the defense was the defendant.  At the conclusion of the prosecution's case the defense brought a Motion to Dismiss the Malicious Mischief charge, based upon insufficiency of the evidence.  The court granted the defense motion and the charge was Dismissed.  The jury then returned a verdict of Not Guilty on the remaining charge of Harassment.

In June 2010 Ken Harmell represented  A.Y. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence.  A.Y. was accused by wis wife of kicking her, slamming her head into the wall, and tying her up with the phone cord.  The City's evidence consisted of the testimony of the alleged victim and a police officer, as well as photographs of alleged injuries to the alleged victim's head and legs.  The defense argued that it was the alleged victim, and not A.Y. who was the primary aggressor, and introduced the tape of the 911 call made by the accuser to show inconsistencies in her testimony.  The defense argued that the victim's injuries were more consistent with her falling and injuring herself while chasing A.Y. then with her version of the incident.  Following a two and one-half day trial the jury returned a verdict of Not Guilty.

In June 2010 Scott Stewart represented C.C. at a jury trial in District Court on a charge of Driving Under the Influence.  The arresting officer testified that C.C. was observed weaving, including crossing over into the oncoming lane, and that he came to an abrupt stop.  When the officer approached C.C.'s window he was on the phone asking that someone come and "pick up his dog" in apparent anticipation of being arrested.  C.C. had difficulty getting out of the vehicle, and stumbled as he walked to the front of the vehicle.  In the truck the officer located a glass containing a ice and a mixed alcoholic drink. C.C. refused to perform the field sobriety tests.  The officer testified that C.C. was argumentative throughout the contact, accusing the officer of stealing large amounts of money, damaging his truck, and being worth less than C.C.'s truck.  C.C. ultimately refused to submit to a breath test.   As he was being transported to the jail he commented that he was 46 years old and kept "fucking up."  The defense successfully challenged the refusal to submit to the field sobriety tests and pointed out all behaviors of C.C. that were consistent with sobriety. The jury returned a verdict of Not Guilty.

In April 2010 Kristin Fay represented P.F. at a jury trial in Municipal Court on a charge of Obstructing a Public Servant.  The case involved an allegation that her client did not respond fast enough to an officer's demand that he put his hands up.  Kristin was able to use the recorded 911 call to argue that the officer did not give him enough time to comply.  The jury returned a verdict of Not Guilty.

In April 2010, Ken Harmell presented E.W. at a jury trial in Municipal Court on one count of Neglect of a Child.  The prosecution alleged that E.W. and her boyfriend acted with criminal negligence when they left their 14 month old child in the care of E.W.'s mother.  This because her mother was an alcoholic with a prior history of having gotten drunk, dropping and injuring the child.  With regard to the particular incident resulting in the charges, E.W.'s mother had gotten drunk and passed out in a Fred Meyer bathroom with stolen beer and the child in a stroller.  The prosecution witnesses included two police officers, a Child Protective Services employee, a firefighter and two store employees. The defense presented evidence that E.W. had acted reasonably as her mother had gone through treatment, been sober for over a year, and had no money with which to purchase alcohol.  The defense argued that no one could predict the grandmother would relapse and place the child at risk.  The jury returned a verdict of Not Guilty.

In March 2010, Sara Watson, Rule 9 Intern, represented F.C. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree.  The case involved a circumstance that occurred at a bar where the city alleged that F.C. grabbed a woman inappropriately, was confronted by another woman and that he responded by slapping her.  The defense alleged that it was a matter of misidentification.  The jury returned a verdict of Not Guilty.  This was Sara's first jury trial.  She was supervised at trial by attorney Andrea Beall.

In March 2010, Rob Jensen represented G.W. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree.  The case involved two men who belonged to the same organization who had a falling out.  The city alleged that the G.W. had punched the victim without provocation, the defense alleged that the punch was in self defense.  The jury returned a verdict of Not Guilty.

In March 2010, Ken Harmell, represented S.B. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence.  The city alleged that the defendant kicked the victim, hit her with an object and grabbed her hard enough to leave bruises.  THe city witnesses included the alleged victim and two officers.  They also introduced photographs and  a Smith Affidavit.  The defense denied two of the allegations and alleged self-defense on the third.  The jury returned a verdict of Not Guilty.

In February 2010, David Iannotti represented N.M. at a jury trial in Municipal Court on a charge of Telephone Harassment. The city alleged that the defendant had called his family members several times and threatened to come back with a gun and kill everyone. The witnesses for the city included the alleged victim and two investigating police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In February 2010, Rob Jensen represented  B.F. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree.  The prosecution alleged that the defendant had assaulted a neighbor.  The defense argued that any assault was self-defense.  Witnesses for the city included the officer and alleged victim.  The defense called the the defendant, his girlfriend, and the president of the homeowners association.  The jury returned a verdict of Not Guilty after only 18 minutes of deliberations. 

In February 2010, Scott Stewart represented D.S. at a jury trial in Superior Court on charges of Attempted Rape and Assault with a Deadly Weapon.  The prosecution alleged that the defendant had attempted to rape his girlfriend and that, when he was prevented from doing so by her mother, he broke a drinking glass, creating a "shank" which he then used to stab her mother.  Witnesses for the prosecution included three King County Deputy Sheriffs, an Emergency Medical Technician and the alleged victim.  The prosecution also introduced photographs of the crime scene and injuries, as well as the broken glass, a 911 recording and the defendant's torn shirt.  The only witness for the defense was the defendant himself.  The jury returned verdicts of Not Guilty on both the Attempted Rape and Assault with a Deadly Weapon charges, as well as the lesser included charge of Assault in the Fourth Degree.

In January 2010, David Iannotti represented M.T. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree. The city alleged that the defendant had attacked a store clerk punching him in the head and stomach several times. The witnesses for the city included the alleged victim, the investigating police officer and a citizen witness. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In January 2010, Ken Harmell represented D.F. in Superior Court on one count of Assault in the Second Degree. The defendant was accused of punching a man outside of a bar fracturing five bones in the man's face. The State introduced testimony from the alleged victim, a mutual friend of the alleged victim and defendant, an aquantance of the alleged victim who was present during the fight and the Emergency Room doctor. The defense argued that the defendant's actions were done in self- defense. The Jury retruned a verdict of Not Guilty and returned a Special Verdict finding that the defense had proven that the defendant acted in Self Defense, resulting in D.F. being entitled to have his attorney's fees paid by the State.

In January 2010, David Iannotti represented F. K. at a jury trial in Municipal Court on a charge of Violation of Protection Order. The city alleged that the defendant had parked in front of the alleged victim's house and called her three times. The witnesses for the city included the alleged victim and the investigating police officer. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In January of 2010 Kristin Fay represented J. F. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence. The city presented evidence that the alleged victim was burned with a cigarette butt after a heated argument. The defense presented testimony that J.F. did not burn his ex-girlfriend with a cigarette. Additionally, the defense argued that the injury sustained by the alleged victim was not consistent with her testimony. The jury found J.F. Not Guilty.

In January of 2010 Kristin Fay represented S. B. at a jury trial in Municipal Court on a charge of Harassment. The city alleged that S.B. threatened to "fix" the alleged victim during the course of an argument creating a reasonable fear that the S.B. would carry out that the threat. The defense presented evidence that this was a misunderstanding and S.B. never intended to cause harm to anyone. The jury found S.B. Not Guilty.

In January of 2010 Andrea Beall represented J.S. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree and Resisting Arrest. The city presented evidence that the defendant struck a neighbor multiple times with a cane and that he struggled with the officers when they attempted to arrest him. The jury found J.S. Not Guilty on both counts.

In January 2010 Ken Harmell represented JK on one count of Driving Under the Influence in District Court. The State's witnesses consisted of a State Trooper, a Drug Recognition Expert and a toxocologist. The defendant was stopped for speeding on Interstate 5 by a Washington State Patrol Trooper. During the stop the Trooper smelled the odor of Marijuana. Following a search of the defendant's vehicle which revealed marijuana and a pipe, the defendant performed poorly on the field sobriety tests and was arrested. He was the examined by a Drug Recognition Expert who opinioned that the defendant was unnder the influence of Canabis and was unsafe to drive. The Defendant provided a blood test that showed the presence of THC in his blood. The defense argued that the science of marijuana impairment and driving is inconclusive and that despite the poor performance on the field sobriety tests and the positve blood results that the lack of any bad driving created a reasonable doubt as to whether or no the defendant was under the influence of drugs and the jury returned a verdict of Not Guilty. Jennifer Stewart had previously had JK's charges of Possession of Marijuana and Possession of Drug Paraphernalia dismissed on legal arguments at a motion's hearing 

In December 2010 Ken Harmell represented T.G. on one count of Indecent Exposure in Municipal Court.  T.G. was accused of exposing himself to a couple following an argument over baseball. The City's evidence consisted of two civilian witnesses and one police officer. The Defense argued that the witnesses ability to describe TG's underwear was not proof that he had exposed himself as there were alternative explanations that would explain the knowledge. The defense also argued that there were significiant inconsistencies in the two civilian witnesses testimony. The Jury returned a verdict of Not Guilty.

In December of 2009 Kristin Fay represented M.M. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence and  Malicious Mischief in the Third Degree. The city alleged that the defendant's sister was assaulted when the M.M. threw a beer can at her, causing a bruise on her forehead. The city also alleged that M.M. kicked his sister's car door causing damage. The defense presented a witness who testified that the two parties were involved in an argument, but that no physical contact was made. Additional testimony was elicited that the car door was not damaged. The jury found M.M. Not Guilty.

In December 2009, David Iannotti represented W.C. at a jury trial in Municipal Court on a charge of Harassment. The city alleged that the defendant had confronted his neighbor and threatened to kill and blow up his house along with other threats. The witnesses for the city included two civilian witnesses, the alleged victim, who was an ex-police officer, and the investigating police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.  

In November 2009, David Iannotti represented M.G. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree. The city alleged that the defendant had grabbed his wife by her hair and pulled her around. The witnesses for the city included three casino security guards, the alleged victim, two police officers, and the city's victim advocate. The city also had video evidence of the incident. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In November of 2009 Kristin Fay represented A. K. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence. According to the City's witnesses A.K. threw his ex-wife against a wall causing injury. The defense presented two witnesses at trial. Both witnesses testified that the alleged victim broke into the home illegally. The defense successfully presented evidence that such force was lawful. The jury found A.K. Not Guilty.

In October 2009, David Iannotti represented R.L. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence. The city alleged that the defendant had punched the alleged victim several times in the face. The witnesses for the city included three civilian witnesses, the alleged victim and three police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In October 2009, David Iannotti represented J.R. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence. The city alleged that the defendant had shoved the alleged victim with his belly onto the floor. The witnesses for the city included one civilian witnesses and two police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In October of 2009 Kristin Fay represented T. C. at a jury trial in Municipal Court on a charge of Criminal Trespass. The city alleged that T.C. was illegally on the property of a local sports bar. The defense moved for a directed verdict dismissal based on the city's failure to establish that T.C. was on the property illegally. The court granted the defense's motion.

In October 2009, David Iannotti represented M.E. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence. The city alleged that the defendant had punched and grabbed the victim several times. The witnesses for the city included the police officer. The judge dismissed the case at half time based on continued arguments that the defendant's 6^th Amendment Rights to confront the witness were being violated.

In October of 2009 Kristin Fay represented B. B. at a jury trial in Municipal Court on a charge of Driving Under the Influence. The city alleged that B.B. was involved in a car accident that occurred because he was driving under the influence of alcohol. B.B. admitted to having consumed alcohol and driving the vehicle. The defense presented evidence that B.B. consumed alcohol only after the accident had occurred, not while driving the vehicle. The jury found B.B. Not Guilty.

In October 2009, David Iannotti represented J.S. at a jury trial in Municipal Court on a charge of Assault in the Fourth Degree Domestic Violence. The city alleged that the defendant had grabbed and pushed his sister several times. The witnesses for the city included two civilian witnesses, the alleged victim and two police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In September of 2009 Ken Harmell represented P.F. in District Court. P.F. was charged with one count of Assault in the Fourth Degree Domestic Violence and one count of Attempted Unlawful Imprisonment Domestic Violence. The defendant was accused by his wife of having punched her three times, strangling her to the point where she nearly passed out, and then keeping her from leaving to seek medical treatment. The State evidence consisted of the defendant's wife testimony, the testimony of two police officers, the testimony of the treating medical provider, photographs of injuries, and medical records. The defense argued self defense and the Jury returned verdicts of Not Guilty on both counts.  

In September of 2009 Jeff MacNichols represented C.K. at a jury trial in District Court on a second offense charge of Driving Under the Influence. C.K admitted to texting while driving and to consuming two beers. According to the Trooper, C.K. refused the breath test. The defense presented two witnesses at trial. One of the witnesses, a bartender, testified that he served C.K. two beers during lunch. He testified that he knew client was fine to drive. C.K. had turned down Reckless Driving offer prior to trial. The jury found C.K. Not Guilty after only 17 minutes of deliberation.

In August 2009, David Iannotti represented A.A. at a jury trial in Municipal Court on a charge of Reckless Driving, Failure to Stop and Give Information, and Resisting Arrest . The city alleged that the defendant had sped by two officers in traffic, then failed to stop when the officers began to chase the defendant, which proceeded into an apartment complex. The city also alleged that once the defendant was stopped, he resisted arrest by struggling with the officer and refusing to comply with the officers instructions. The defendant was tazed two times by the officers. The witnesses for the city included two police officers. The defendant and two other citizen witnesses testified on behalf of the defense. The jury returned a verdict of Not Guilty.

In August 2009, David Iannotti represented S.H. at a jury trial in Municipal Court on a charge of Prostitution Loitering. The city alleged that the defendant had picked up a prostitute and drove to a secluded location. The witnesses for the city included two police officers who testified that when they approached the car the defendant had his pants down and both parties admitted they were engaged in prostitution. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.  

In July 2009, Scott Stewart represented D.W. at a jury trial in Municipal Court on one count of Assault Domestic Violence.  The prosecution's witnesses included a law enforcemtn officer and three civiliant witnesses.  Scott moved for a directed verdict at the conclusion on the prosecution's evidence and the trial judge dismissed all charges.

In July 2009, Ken Harmell represented P.R. in Municipal Court. P.R. was charged with one count of Obstructing a Public Servant. The City's evidence consisted of a police officer who testified that the defendant refused to leave a bar when instructed to by the police and that the defendant interfered with other officers attempting to arrest another individual. The defendant testified that he was not acting with the intent to hinder or delay the police officer. The defense argued that the officer did not have any lawful authority to order the defendant to leave the bar, and that the City had failed to prove that the defendant's actions knowingly interfered with the officers official duties. The jury returned a verdict of Not Guilty.

In July 2009, David Iannotti represented M.M. at a jury trial in Municipal Court on a charge of Assault 4 Domestic Violence. The city alleged that the defendant had slammed the door on the alleged victims head. The witnesses for the city included two civilian witnesses and one police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty. 

In June 2009, Ken Harmell represented L.C. on two counts of Harassment Domestic Violence in Municipal Court.  The prosectuion introduced the testimony of the alleged victim and the police officer who testified that the defendant had confessed to having made the threats.  The defense challenged the credibility of the alleged victim and argued that the government had failed to prove beyond a reasonable doubt the location of where the crime occurred and that the prosecution had failed to prove beyond a reasonable doubt that the alleged victim reasonably feared the threats would be carried out.  The jury returned verdicts of Not Guilty on both counts.

In June 2009, David Iannotti represented C.G. at a jury trial in Municipal Court on a charge of Assault 4 Domestic Violence. The prosecution alleged that the defendant had choked, pushed and slammed the alleged victim in a door. The witnesses for the city included two civilian witnesses and a police officer. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In June 2009, David Iannotti represented T.C. at a jury trial in Municipal Court on a charge of Criminal Trespass. The city alleged that the defendant had entered a house through the back door The witnesses for the city included a citizen witness and officer who saw the defendant in the house and the owner of the house who claimed the defendant did not have lawful authority to enter or remain on the property. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In June 2009, Ken Harmell represented J.P. on two counts of Assault in the Fourth Degree - Domestic Violence in Municipal Court.  The prosecution's witnesses consisted of four family members who all testified that the defendant had attacked his two step children and the two officers that responded to the scene.  The defense argued self defense and the jury returned returned verdicts of Not Guilty on both counts. 

In May 2009, David Iannotti represented J.I. at a jury trial in Municipal Court on a charge of Assault 4 Domestic Violence. The prosecution alleged that the defendant had broken into the house and pushed the alleged victim to the ground breaking her finger. The witnesses for the city included two civilian witnesses and two police officers. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In May 2009, David Iannotti represented R.G. at a jury trial in Municipal Court on a charge of Harassment. The city alleged that the defendant walked into a bank and threatened to come back with a gun and kill everyone in the bank. The witnesses for the city included four bank tellers and a police officer. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In April 2009, Ken Harmell represented J.S. on one count of Disorderly Conduct in Municipal Court.  The prosecution's witnesses consisted of two men who claimed that they were attacked the J.S. , a firefighter who tackled J.S. as he was allegedly about to strike one of the men and the police officer who responded to the scene.  The defense argued that the firefighter did not have a complete picture of what occurred and that the defendant was actually acting in self defense.  The jury returned a verdict of Not Guilty.

In March 2009, Scott Stewart represented M.B. at a jury trial in Municipal Court on a charge of Assault 4.  The witnesses for the city included four civilian witnesses and two police officers.  M.B. was alleged to have assaulted his elderly father-in-law during an exchange of his child pursuant to a custody agreement.  The jury returned a verdict of Not Guilty.

In February 2009, Jeff MacNichols represented A.M. at a jury trial on a charge of Assault in Municipal Court.  A.M. was accused of assaulting another man outside of a club.  Multiple witnesses testified against Jeff's client.  Reasonable doubt was established by attacking the memories of the witnesses.  The jury returned a verdict of Not Guilty.

In February 2009, David Iannotti represented K.N. at a jury trial in Municipal Court on a charge of Assault 4. The witnesses for the city included two civilian witnesses and a police officer. The defendant was the only witness for the defense. The jury returned a verdict of Not Guilty.

In February 2009, Autumn Liner-Sanders represented R.H. at a jury trial in Muncipal Court on charges of Harassment Domestic Violence, Assault Domestic Violence, and Harassment. The Harassment Charge was Dismissed at the conclusion of the case. The jury returned verdict of Not Guilty on both Domestic Violence charges.

In January 2009, David Iannotti represented C.J. at a jury trial on a charge of Reckless Driving in Municipal Court.  C.J. was accused of losing traction while accelerating through traffic at a high rate of speed.  A city police officer testified for the government.  The jury returned a verdict of Not Guilty.

In January 2009, Ken Harmell represented J.C. at a jury trial on charges of Reckless Driving, Failure to Stop and Give Information and Refusal to Comply in Municipal Court. The prosecutor's offer prior to trial would have required a plea to the Reckless Driving, with an agreed 30 days in jail.  Furthermore, given J.C.'s criminal record the plea would have resulted in him being labeled an Habitual Traffic Offender (HTO).  As such, the case proceeded to trial.  At the conclusion of the prosecution case the court Dismissed the Refusal to Comply charge.  The jury then convicted on the Failure to Stop charge, but returned a verdict of Not Guilty on the Reckless Driving charge.  The court sentenced J.C. to ten days, and he avoided the HTO ramifications.

In November 2008, Jeff Mackie represented M.G. at a jury trial on a charge of Driving With License Suspended in the Second Degree in Municipal Court. The jury returned a verdict of Not Guilty.

In November 2008, Jeff Mackie represented S.S. at a jury trial on a charge of Driving With License Suspended in the First Degree, Assault, Malicious Mischief and Harassment. The jury returned a verdict of Not Guilty on all counts.

In November 2008, David Iannotti represented D.P. at a jury trial on a charge of Loitering for Prostitution in Municipal Court. TD.P. was accused of remaining in an area of prostitution with the intent of committing the crime of prostitution.  A police officer produced evidence of online posts on the Seattle area's Craigslist.  The jury returned a verdict of Not Guilty.

In October 2008, Rule 9 Intern Chris Kattenhorn represented K.M. at a jury trial on a charge of Assault 4 Domestic Violence in Muncipal Court.  The jury returned a verdict of Not Guilty.

In October 2008, Jeff Mackie represented P.P. on two counts of Violation of a Protection Order in Municipal Court.  The government witnesses included a civilian and two officers.  THe jury returned verdicts of Not Guilty on both counts.

In October 2008, David Iannotti represented M.S. at a jury trial on two counts of Assault 4 Domestic Violence in Municipal Court.  M.S. was accused of assaulting his ex-girlfriend by shoving and choking her with his forearm.  Witneses for the city included his ex-girlfriend and her father.  The jury returned a verdict of Not Guilty on both counts.

In August 2008, Andrea Beall represented T.O. at a jury trial on a charge of Driving Under the Influence.  The officer alleged that M.B. had been stopped after swerving into the oncoming lane and then admitted consuming alcohol.  The jury returned a verdict of Not Guilty. 

In August 2008, Jeff Mackie represented F.H. at a jury trial on charges of Assault 4 Domestic Violence, Malicious Mischief Domestic Violence and Obstructing a Law Enforcement Officer in Municipal Court.  The Jury convicted on the Obstructing charge but returned a verdict of Not Guilty on both Domestic Violence charges.

In August 2008, Jeff Mackie and Rule 9 Intern Chris Kattenhorn represented K.S. on charges of Assault 4 and Harrassment in Municipal Court.  The city's witnesses included a civilian and three officers.  The jury returned verdicts of Not Guilty on all counts.

In August 2008, Jeff MacNichols represented L.D. at a jury trial in Municipal Court on a charge of Assault 4.  The city witnesses included two civilians and an officer.  THe only witness for the defense was the defendant.  The jury returned a verdict of Not Guilty. 

In August 2008, Autumn Liner-Sanders represented J.W. at a jury trial on charges of Driving Under the Influence, Hit and Run Unattended and Reckless Endangerment in Municipal Court. The case was Dismissed following a defense motion at the conclusion of the prosecution's case.

In August 2008, Jeff Mackie represented Z.H. at a jury trial on  charge of Drivig Under the Influence in Municipal Court.  The Jury returned a verdic t of Not Guilty.

In August 2008, Jeff MacNichols and Rule Nine Intern Kristin Fay represented J.B. on a charge of Violation of a No Contact Order in Municipal Court. The city presented three civilian witnesses and one police officer. The only witness for the defense was the defendant. The jury returned a verdict of Not Guilty.

August 2008, Jeff Mackie represented R.S. at a jury trial on charges of Assault 4 Domestic Violence and Malicious Mischief Domestic Violence in Municipal Court.  The case was Dismissed on a defense motion after the jury was empaneled.

July 2008, Ken Harmell represented R.W. at a jury trial on charges of Felony Malicious Mischief Domestic Violence and Assault Domestic Violence in Superior Court. The case was significant enough to the government that the prosecution flew in a witness from out of state to testify on behalf of ts case. Witnesses included the alleged victim, her mother-in-law, a deputy sheriff, a detective, R.W., his father, and his employer. After a three and one half day jury trial the jury returned verdicts of Not Guilty on all counts.

July 2008, Scott Stewart represented J.T. at a jury trial on a count of Assault Domestic Violence in Municipal Court. The witnesses included the alleged victim, her sister and two investigating police officers. After the prosecution rested its case on the second day of trial, Scott moved for a dismissal on the grounds that no reasonable jury would be able to convict J.T. THe court grated Scott's motion and the case was Dismissed.

June 2008, David Ionnatti represented B.J. at a jury trial on a count of Assault Domestic Violence in Municipal Court.  The alleged victim was B.J.'s sixteen year old daughter.  Witnesses included the daughter, the daughter's father (B.J.'s ex-husband) and a police officer.  Mr. Iannotti argued both self-defense and reasonable discipline of a child.  The jury returned a verdict of Not Guilty, making David undefeated in jury trials so far this year.

June 2008, Ken Harmell represented L.C. at a jury trial on a charge of Driving Under the Influence in Municipal Court. L.C. was stopped for speeding and had an open container in the vehicle. After taking the field sobriety tests and refusing a portable breath test at the scene he was arrested and taken to the police station where he refused the breath test. The jury returned a verdict of Not Guilty.

May 2008, David Iannotti represented F.A. at a jury trial on a charge of Assault Domestic Violence in Municipal Court. The defendant was accused of assaulting his wife. Two police officers, the alleged victim's son, the alleged victim and the defendant testified. The jury returned a verdict of Not Guilty.

April 2008, David Iannotti represented C.D. at a jury trial on charge of Assault Domestic Violence in Municipal Court. C.D. was accused of assaulting his girlfriend. The incident allegedly occurred in the presence of the victim's mother who testified in support of the government's case. The jury found C.D. Not Guilty.

April 2008, Ken Harmell represented J.S. at a jury trial on charges of Assault Domestic Violence and Interfering with the Reporting of a Domestic Violence Incident in Municipal Court. J.S. was accused of punching and kicking his wife. At the conclusion of the prosecutor's case Mr. Harmell argued that the government had failed to present sufficient evidence to support the factual allegations in the legal Complaint that had filed against J.S. The court agreed and granted Mr. Harmell's motion to Dismiss.

March 2008, Ken Harmell represented C.B. at a jury trial on an Assault Domestic Violence charge in Municipal Court. C.B was accused of assaulting the mother of his child in the presence of her sister. He denied the allegation. The jury found C.B. Not Guilty.

February 2008, David Iannotti represented S.T. at a jury trial in Municipal Court on charges of Assault Domestic Violence, Malicious Mischief Domestic Violence and Harassment Domestic Violence arising out of two separate incidents. The Government alleged that S.T. assaulted his roommate, smashed a hole in the wall and threatened his roommate to drop the case "or else." The jury returns a verdict of Not Guilty to all three counts.

February 2008, Ken Harmell represented J.H. at a jury trial on Assault Domestic Violence and Interfering with the Reporting of Domestic Violence in Municipal Court. J.H. was accused of assaulting her mother in law. She argued that she acted in self defense. The jury found J.H Not Guilty of both counts.

February 2008, Jeff MacNichols represented M.C. in at a jury trial in Municipal Court on charges of Racing and Reckless Driving. The jury returned a verdict of Not Guilty.

January 2008, Ken Harmell represented M.B. at a jury trial in Municipal Court on a charge of Driving Under the Influence. The jury was unable to reach a verdict resulting in a hung jury.

January 2008, Scott Stewart represented T.H. at a jury trial on a Reckless Driving charge in Municipal Court. T.H. was accused of driving his motorcycle at speeds of 100 miles per hour and popping a wheelie, resulting in a major traffic accident. The jury found T.H. Not Guilty.  T.H. later retained Scott on a personal injury accident arising out of the same accident.  In January 2010, Scott settled the claim on behalf of T.H. for $75,000.00.

January 2008, Ken Harmell represented D.M. at a jury trial on an Assault Domestic Violence charge in Municipal Court. D.M. was alleged to have assaulted her husband in the presence of their child. D.M. denied the allegation and claimed that she had in fact been assaulted by her husband. The jury found D.M. Not Guilty.

December 2007, Ken Harmell represented D.W. at a jury trial on charges of Assault Domestic Violence, Violation of a No Contact Order, and Interfering with the Reporting of Domestic Violence in Municipal Court. D.W. was accused of assaulting his daughter and preventing her from calling the police, while his wife was present in violation of a no contact order. The defendant denied the allegations. The jury found the D.W. Not Guilty of all charges.

October 2007, Ken Harmell represented R.H. at a jury trial on a Harassment Domestic Violence charge in the Municipal Court. The Defendant's father claimed that the defendant threatened to shoot him in the head. The defense argued that the alleged victim fabricated the charges to discredit R.H. who was a potential witness against the father in an unrelated matter. The jury found the R.H. Not Guilty.

August 2007, Andrea Beall represented E.M.at a jury trial on a charge of Obstructing a Law Enforcement Officer in Municipal Court. The incident occurred at a Transit Station in Pierce County. The government alleged that E.M. physically interfered with the police investigation of a Robbery. The jury returned a verdict of Not Guilty.

August 2007, Jeff MacNichols represented Z.C. at a jury trial in District Court on charges of Assault Domestic Violence and Assault on a Police Officer. The jury returned a verdict of Not Guilty.

July 2007, Jeff MacNichols represented M.M. on a charge of Driving Under the Influence in Municipal Court.  M.M. had allegedly refusedthe breath test.  The police officer accused him of excessive speed, failing the field sobriety tests, and admitting to consuming alcohol.  Client was facing his second DUI.  The jury returned a verdict of Not Guilty.

July 2007, Jeff MacNichols represented E.G. at a jury trial in Municipal Court on a charge of Obstructing a Law Enforcement Officer. The jury returned a verdict of Not Guilty.

June 2007, Jennifer Stewart represented C.S.at a jury trial in Municipal Court on a charge of Physical Control of a Motor Vehicle While Under the Influence. The defendant was found allegedly under the influence in a running vehicle parked in a business lot. Ms. Stewart asserted the affirmative defense of safely off the roadway. The jury returned a verdict of Not Guilty.

May 2007, Jeff Mackie represented J.L. at a jury trial on a charge of Aiming or Discharging a Firearm in Municipal Court. The jury returned a verdict of Not Guilty.

May 2007, Jennifer Stewart represented M.T. at a jury trial on a charge of Harassment in Municipal Court. At the trial the alleged victim and a witness testified that M.T. attacked the victim at a community meeting. A mistrial was declared when the jury was unable to reach a verdict. As a result of the trial the prosecution re-evaluated their case and Dismissed all charges.

May 2007, Jeff MacNichols represented M.D. at a jury trial in Municipal Court on a charge of Physical Control While Under the Influence. The jury returned a verdict of Not Guilty.

May 2007, Scott Stewart represented M.P. at a jury trial on a charge of Driving Under the Influence in Municipal Court. The Jury returned a verdict of Not Guilty.

April 2007, Scott Stewart represented T.H. at a jury trial on a charge of Assault Domestic Violence in Municipal Court. The defendant allegedly assaulted his girlfriend in a moving motor vehicle. The court initially denied a defense motion for a Directed Verdict and then for Judgment Notwithstanding the Verdict. Following the trial the prosecution re-evaluated their case and Dismissed all charges.

April 2007, Ken Harmell represented E.H. at a jury trial on and Assault Domestic Violence charge in Municipal Court. The defendant was accused of pushing his girlfriend down a flight of stairs. The alleged victim had significant injuries. The defense presented and alibi defense. The jury found the E.H. Not Guilty.

March 2007, Ken Harmell represented A.A. at a jury trial on charges of Stalking and Assault in Municipal Court. The defendant was accused of Stalking and Assaulting a barista. A.A. denied the allegations. The jury found A.A. Not Guilty.

March 2007, Ken Harmell represented K.A. at a jury trial on an Assault Domestic Violence charge in Municipal Court. K.A.'s wife, the alleged victim and her daughter claimed that the he had assaulted her in the family home. K.A. argued self defense. The jury found K.A. Not Guilty.

March 2007, Scott Stewart represented L.A. at a jury trial on a charge of Driving Under the Influence in Municipal Court. The jury returned a verdict of Not Guilty.

February 2007, Scott Stewart represented Y.I. at a jury trial on a charge of Minor in Possession in Municipal Court. The jury returned a verdict of Not Guilty.

February 2007, Andrea Beall represented T.W. at a jury trial on charges of Disorderly Conduct and Criminal Trespass in Municipal Court. The judge Dismissed the Criminal Trespass charge at the conclusion of the government's case. The jury found the T.W. Not Guilty of the Disorderly Conduct charge.

January 2007, Scott Stewart represented F.C. at a jury trial in Municipal Court on a charge of Assault Domestic Violence. The jury returned a verdict of Not Guilty.

January 2007, Jeff MacNichols represented M.A. at a jury trial in Municipal Court on a charge of Assault Domestic Violence. The jury returned a verdict of Not Guilty.

January 2007. Jeff Mackie represented O.F. at a jury trial in Municipal Court where the he was charged with Assault arising out of his alleged attack on a neighbor with a rock. The police alleged that he O.F. had admitted to the crime, but at trial he denied the allegations. The jury returned a verdict of Not Guilty.

January 2007, Ken Harmell represented D.Z. at a jury trial on a charge of Violation of a Protection Order in Municipal Court. The alleged victim claimed that D.Z. contacted her at court. D.Z. denied the contact, and argued that victim had attempted to initiate contact by looking for him at two different courts. The jury found D.Z. Not Guilty.

October 2006, Scott Stewart represented G. S. at a jury trial in Municipal Court on one count of Assault 4. The jury returned a verdict of Not Guilty.

October 2006, Scott Stewart represented V.D. at a jury trial in Municipal Court on one count of Assault and one count of Assault Domestic Violence. The case was originally brought to trial in January 2005 with a jury verdict of Not Guilty on the Assault charge and Guilty on the Assault Domestic Violence charge. Scott appealed the trial court's denial of a defense motion during the first trial. The appellate court agreed with the defense argument and in March of 2006 remanded the case to the Municipal Court for a retrial on the Assault Domestic Violence charge. Following a second trial in October 2006 the jury found V.D. Not Guilty of the Domestic Violence charge.

September 2006, Scott Stewart represented E.W. at a jury trial on a charge of Assault in Municipal Court. The jury returned a verdict of Not Guilty.

August 2006, Ken Harmell represented L.M. at a jury trial in Municipal Court on a charge of Stalking. The jury returned a verdict of Not Guilty.

August 2006, Jeff MacNichols represented D.S. at a jury trial in District Court on an Assault charge. D.S. was alleged to have assaulted a store clerk. The jury returned a verdict on Not Guilty.

June 2006, Scott Stewart represented C.B. at a jury trial in Municipal Court on a charge of Possession of Drug Paraphernalia. The jury returned a verdict of Not Guilty.

May 2006, Scott Stewart represented W.H. at a jury trial on a charge of Telephone Harassment in Municipal Court. The government alleged that W.H. had threatened to severely harm the alleged victim in the case. The court granted a defense motion to dismiss at the conclusion of the government's case. The city appealed, but ultimately agreed to Dismiss the case.

April 2006, Andrea Beall represented K.J. at a jury trial in Municipal Court on a charge of Hit and Run. The jury returned a verdict of Not Guilty.

April 2006, Jeff MacNichols represented J.T. at a jury trial on a charge of Driving Under the Influence in District Court. The jury returned a verdict of Not Guilty.

March 2006, Scott Stewart represented J.R. at a jury trial on a charge of Assault in Municipal Court. The government alleged that the defendant had inappropriately touched a young female while in a local store. The entire incident was captured on videotape. The defense denied that any such touching had occurred and disputed the government's interpretation of the video. The jury returned a verdict of Not Guilty.

March 2006, Jeff MacNichols represented J.F. at a jury trial in District Court on a charge of Driving Under the Influence. The jury returned a verdict of Not Guilty.

February 2006, Scott Stewart represented K.M. at a jury trial on a charge of Stalking in Municipal Court. The government alleged that K.M. had stalked a female attendant at a local mini mart. The defense denied the allegation, instead arguing that M.G. was simply a friendly, regular customer of the store. The court granted a defense motion for a directed verdict at the conclusion of the government's case. The government appealed the court's ruling, but ultimately agreed to Dismiss the case.

More Examples of SBMH Jury Trial Victories 

The attorneys at Stewart Beall MacNichols & Harmell, Inc., P.S., have been winning jury trials for over fifteen years.  Some of our other jury trial victories include the following:

Scott Stewart represented H.D.F. at a jury trial in Municipal Court on a charge of Driving Under the Influence. The arresting officer alleged that H.D.F. was extremely intoxicated and had driven his motor vehicle onto local railroad tracks. H.D.F. had a breath alcohol content of .22 as registered on the breath test. During the trial the prosecutor called an expert witness from the Washington State Patrol's Breath Test Division who testified as to accuracy of the .22 breath test reading. In cross examining both the officer and breath test expert Scott challenged the results, noting that they were inconsistent with H.D.F.'s performance on the field tests, the officer's other observations, and H.D.F.'s statements regarding the amount of alcohol that he had consumed. The jury returned a verdict of Not Guilty.

Four months after passing the bar Ken Harmell represented A.B. at a jury trial in Superior Court on two counts of Delivery of Cocaine, one count of Possession of Cocaine with intent to Deliver, and one count of Possession of Heroin with Intent to Deliver. All four charges carried school enhancements. The case involved two sales of cocaine to a confidential informant, paid by the police. Heroin was found following the issuance of a search warrant. A.B. was facing a 122 - 144 months standard range sentence, plus eight consecutive years for the school enhancements, for a total of eighteen to twenty years in prison. The Heroin charge was dismissed at the conclusion of the prosecution's case. A.B. was found Not Guilty of both counts of Delivery of Cocaine, Not Guilty of Possession of Cocaine with Intent to Deliver, and Guilty of the lesser included offense of Simple Possession of Cocaine. He was released with credit for time served.

Scott Stewart represented S.C., a law enforcement officer enforcement officer, at a jury trial in District Court. S.C. was charged with two counts of Assault Domestic Violence and one count of Obstructing a Law Enforcement Officer. The prosecution witnesses included officers with the investigating law enforcement agency including a major, a sergeant, two detectives, three officers, the alleged victim and an additional witness. The jury returned verdicts of Not Guilty on all three counts. The trial was covered by local media. An article on the jury verdict appears in the Seattle Post Intelligencer on December 10, 2005.

Ken Harmell represented C.L. on a charge of Manufacturing Methamphetamines in Superior Court. During the trial Mr. Harmell discovered that the lead detective for the state had violated pre-trial court orders. The court found that the violations had occurred and allowed him to recall the officer to question her as to her behavior. The defendant was facing an additional ten years in prison. Based upon the court's ruling, the prosecution offered the defense a new disposition resulting in a plea to a lesser charge with concurrent prison time to what he was facing in another County.

Jeff MacNichols represented L.S. at a jury trial in Superior Court on charges of Possession of Cocaine with Intent to Deliver, Witness Tampering and Bail Jumping. The jury returned a verdict of Not Guilty on all three counts.

Ken Harmell represented D.G. at a jury trial in Superior Court on a charge of felony Malicious Mischief in the 2^nd Degree. The state alleged that the defendant used a metal pole to maliciously damage a neighbor's car during an altercation. Ken argued that D.G. damaged the vehicle while defending himself, and that it was not a malicious act.  The jury returned a verdict of Not Guilty.

Ken Harmell represented R.D. on a felony Assault Domestic Violence in Superior Court. R.D. was alleged to have beaten his girlfriend with a belt and striking her in the head with an ashtray. The defense argued a general denial and the jury returned a verdict of Not Guilty.

Scott Stewart represented H.N. on a charge of Physical Control While Under the Influence of Alcohol in Municipal Court. The police testified that H.N. was sitting in the driver's seat of a running vehicle that was parked in a dangerous manner on a road in a residential neighborhood. Scott presented the affirmative defense of safely off the roadway, and argued that there was no evidence that the officers had moved the supposedly dangerously parked vehicle after H.N. was arrested. The jury returned a verdict of Not Guilty.

M.W. was convicted following a jury trial of a felony Violation of a No Contact Order and Assault 4 Domestic Violence. Ken Harmell brought a motion for a new trial based upon an error in the jury instructions. The trial judge granted the defense motion as to the No Contact Order. At M.W.'s second trial Ken argued that there had been no Assault in Violation of the No Contact Order. The defendant was convicted only of the lesser included misdemeanor violation of the order, and not the Felony, saving M.W. from serving a prison sentence on these charges.

Disclaimer: This information is not intended as legal advice or as a guarantee of the outcome of any future case. This is because every case has unique facts, and no one can ever guarantee results. Furthermore, this information does not establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.