Intimidating a public servant washington


04-Oct-2020 15:06

It is having the humility to serve alongside the people who signed up to serve us.

It’s the gratitude to serve people who sacrifice day in and day out.

Susan Marie Gasch, Gasch Law Office, Spokane, WA, for Appellant. Nor do the facts here implicate fair and independent decision-making or corruption by Deputy Voss.¶ 25 Ms.

Carole Louise Highland, Attorney at Law, Ephrata, WA, for Respondent. Toscano drove left toward the middle of the street and toward Deputy Voss; she refused to yield the right of way to him. He had a couple seconds to react on the gravel road.¶ 3 Deputy Voss encountered Ms. Toscano's conduct also strikes us as more akin to a display of anger (Montano and Burke ) than an attempt to influence. Toscano assaulted this officer and she attempted to block his path. It seems to us that, if physically confronting an officer and yelling threats at him is not enough to show an attempt to influence, then a physical confrontation without threats is also not enough.¶ 26 We reverse the conviction for intimidating a public servant and affirm the convictions for assault.¶ 27 I concur with the majority except for its holding that the facts do not support the conviction of intimidating a public servant.

Deputy Voss saw Michael Castoreno commit a traffic infraction and he turned on his emergency lights to stop him.

Deputy Voss again changed his course to avoid colliding with Ms. She actually assaulted him with a deadly weapon, her car.

Carrington was “shocked and startled,” but only after the incident, when he realized how close the bullet came to his head. Apprehension means “worry and fear about the future; a pre sentiment of danger.” Id. Toscano's conduct spoke volumes about what she intended.¶ 17 The question then is whether the conduct here meets one of the statutory definitions of threat. Burke's “physical behavior” met the statutory definition of “threat” when he took a “fighting stance” with raised fists).

Washington’s leadership style was what is called Servant leadership.

Servant leadership is not just words, it is action.

PUBLISHED OPINION¶ 1 This appeal follows convictions for intimidating a public servant, two counts of second degree assault, and attempting to elude a pursuing police vehicle. Deputy Voss has special training in emergency vehicle operation, including “evasive maneuvers and high speed patterns.” Report of Proceedings (RP) at 45. I believe the State produced sufficient factual evidence to permit the jury to decide whether Linda Kay Toscano's conduct constituted intent to influence Deputy Tyson Voss' official action by threat. Toscano twice threateningly drove at Deputy Voss to get him to quit pursuing her nephew. Toscano's conduct was non-verbal, her actions, when viewed most favorably for the State, can reasonably be found threatening.

The defendant used her car to block, or attempt to block, a car driven by a sheriff's deputy who was pursuing her nephew. Toscano backed her car out of a driveway at 912 Adams Street in Warden. Thus, I believe the question was properly left for the jury to decide.

We conclude based on our reading of Supreme Court authority that the facts here do not support the conviction for intimidating a public servant but do support the convictions for the two counts of second degree assault. In sum, the trial court did not err in allowing the jury to decide whether Ms.