Oral Argument January 27, 2015
Appeal from Stevens Superior Court. Docket No: 13-1-00126-2. Judge signing: Honorable Allen C Nielson. Judgment or order under review. Date filed: 01/28/2014.
Dennis W. Morgan, for appellant.
Timothy D. Rasmussen, Prosecuting Attorney, and Lech Radzimski, Deputy, for respondent.
Authored by George B. Fearing. Concurring: Robert E. Lawrence-Berrey, Laurel H. Siddoway.
George B. Fearing, J.
[186 Wn.App. 434] [¶1] RCW 9.94A.535(3)(a) allows a sentencing enhancement if a jury finds an aggravating factor that " [t]he defendant's conduct during the commission of the current offense manifested deliberate cruelty to the victim." David Manlove argues that this enhancement may not apply to a property crime, and, in particular, to burglary. We disagree and affirm his sentence.
[¶2] In 2005, Paula Parker and her then-husband purchased a remote cabin on forty acres in Stevens County, Washington. The couple became acquainted with their neighbor, David Manlove, whose home lay a half mile from Parker's cabin. As neighbors, Manlove once helped the Parkers install a wind turbine and Paula Parker would stop at Manlove's residence on her way to town to ask if he needed anything. Paula Parker divorced in 2011, and she retained sole custody of the cabin. Parker and Manlove [186 Wn.App. 435] occasionally joined one another at each other's homes for dinner. The two enjoyed a pastoral, idyllic, and platonic relationship until ...
[¶3] On April 13, 2011, the Spokane County Superior Court ordered David Manlove into involuntary inpatient treatment for up to fourteen days at Eastern State Hospital. The order barred Manlove from possessing a firearm. The order also read that counsel represented Manlove and Manlove agreed to the order. On April 22, 2011, the Spokane County Superior Court sent a notice of ineligibility to possess a firearm to the Department of Licensing. Following this involuntary treatment, David Manlove returned to his Stevens County home.
[¶4] Paula Parker went on vacation from June 19 to July 2, 2013 and returned to her cabin the morning of July 3. Once inside her home, Parker found pictures of her children torn and lying on her kitchen table. The pictures came from a box that Parker stored under her bed. A rocking chair, which usually sat next to Parker's bed, rested at the top of the stairs. The butt of a thick hand-rolled cigarette, recognized by Parker to be Manlove's cigarette, lay in an ashtray. A frightened Paula Parker left her home, drove to a nearby campground, and called the sheriff.
[¶5] Stevens County Sheriff Deputy David Baskin responded to Paula Parker's July 3 emergency call. Parker met Baskin at the cabin. Parker told Deputy Baskin that she suspected David Manlove of the mischief but remained reluctant to accuse Manlove of the crime because she was not sure of his involvement. While Parker spoke with Deputy Baskin outside her cabin, Manlove drove by but did not stop. Beginning on July 3, Paula Parker stayed with friends.
[¶6] Paula Parker returned to her cabin home on July 7, 2013. As Parker approached her home, she noticed a hole cut into a large tree and eight of eleven cabin windows smashed. The front door was open. At trial, Paula Parker [186 Wn.App. 436] described, while showing photographs to the jury, the mayhem she discovered in her living room on July 7:
This is my stereo that should have been in this corner on top of a shelf. This is my couch on top of everything I own that would have been up against that back window. And--and these are all books that
came off a shelf that's right here. The Rubbermaid tub was full of--some of this stuff and underneath that couch. There's the other half of my stereo. There's part of my sewing machine. The rest of it is books that were torn in half and covers torn off it and pages torn up and puzzles thrown everywhere and food and clothing and tools and I can't even begin to tell you what all because it was pretty much my home.
Report of Proceedings (RP) at 129. Parker continued:
That is a knitting needle that was poked in the seat of my reclining chair. I've--I found them poked in the seat, in the back of it. That's my couch turned upside down with all of my stuff on it. There's a multitude of glass. There's my wood stove that was broke. More glass. Anything that was glass or mirror was broke and that is in my back bedroom. There's the back window that was broke out and this is the bathroom. That was an old window that had twenty-eight panes in it. All of the windows broke out. The mirrors were broke off the walls, the tall mirror, all of it. And that's the kitchen and back end of my front room with just everything just stacked on top of everything and this is going up the stairs to my bedroom. And this is the floor in my upstairs bedroom and this is all of the stuff that was under my bed. Just hatchet holes, more hatchet holes, more broken windows. Monster holes pounded in the wall. Anything that was glass or mirror was pretty much destroyed and broken. It's just chaos.
RP at 139-40. The home suffered hatchet holes in the walls. The destroyed woodstove served as the cabin's only source of heat. The intruder shredded Paula Parker's medical records, high school diploma, and college degree. Parker had kept her mother's ashes in an urn, and the prowler dumped the ashes onto the floor.
[186 Wn.App. 437][¶7] After surveying the damage at Paula Parker's cabin on July 8, 2013, Stevens County Sheriff Sergeant Brad Manke, Sergeant Timothy Blackman, and Deputy William Britton traveled to David Manlove's home. When asked why he damaged Paula Parker's home, Manlove responded, " It's my mountain." RP at 242. When arrested, Manlove ...