convicted Jennifer Cathryn Dreewes as an accomplice to the
crime of burglary in the first degree while armed with a
firearm and the crime of assault in the second degree with a
deadly weapon of Marty Brewer-Slater. Dreewes asserts
insufficient evidence supports the convictions. In the
alternative, Dreewes contends the court abused its discretion
by admitting Facebook messages and prosecutorial misconduct
during closing argument deprived her of a fair trial. Dreewes
also challenges imposition of the mandatory victim penalty
and DNA fees. We hold sufficient evidence supports
the jury conviction as an accomplice of burglary in the first
degree while armed with a firearm, the court did not abuse
its discretion by admitting the Facebook messages, Dreewes
cannot show prosecutorial misconduct or that a curative
instruction would not have obviated any prejudicial remark
during closing argument, and the court did not err by
imposing mandatory fees. Overwhelming evidence supports
finding Dreewes guilty as an accomplice of the crime of
assault "of another" with a deadly weapon. But
under the law of the case doctrine, the to-convict jury
instruction required the State to prove assault in the second
degree with a deadly weapon of a specific person, Marty
Brewer-Slater. Because the evidence does not support finding
Dreewes knew she was promoting or facilitating the specific
crime of assault of Marty Brewer-Slater, we reverse the
conviction. We affirm the conviction as an accomplice of
burglary in the first degree but remand to dismiss the
conviction as an accomplice of assault in the second degree
of Marty Brewer-Slater.
January 12, 2014, Jennifer Dreewes called police to report
personal property had been stolen from her truck. Marysville
Police Officer Michael Buell met with Dreewes at her
residence. Dreewes was "very upset." After she
"calmed down, " Dreewes told Officer Buell that the
property was in her truck that was parked in front of her
house. Dreewes identified the stolen property, including a
Samsung laptop, an Apple iPhone, personal and business
checks, credit cards, and two gold rings-one with a diamond.
next day, Dreewes called Detective Belinda Paxton to report
one of her stolen credit cards had been used. Dreewes sent
Detective Paxton "a screenshot of her bank
statement." Detective Paxton tried without success to
obtain videotapes from the stores where the stolen credit
card had been used.
Dreewes went to one of the stores where the credit card had
been used. A store employee described "the person who
used her card" as "a skinny white crack whore
looking girl with pink hair" and a black eye. Dreewes
called to give Detective Paxton the description. Dreewes told
Detective Paxton that she put the "word out on
Facebook® and also through [her] [nephew] and friends,
" asking if anyone knew the "[s]kinny, white
crackhead with pink hair."
Thomas responded to Dreewes' Facebook post. Thomas and
Dreewes were friends in high school. In 2014, Thomas was a
39-year-old unemployed single mother of two. Thomas posted a
Facebook message telling Dreewes that her boyfriend Don
Parrish knew "a whole lot more people" and could
help identify the girl.
January 15, Thomas posted a Facebook message telling Dreewes
she had obtained several photographs of the pink-haired girl
and the girl's name was "Ness." Dreewes and
Thomas talked by phone six times and exchanged over 90 text
messages that day.
January 15 or 16, Dreewes gave Detective Paxton the
"Facebook® ID of Ness." Dreewes told Detective
Paxton that the address in Marysville where "Ness"
was staying was 10501 56th Drive Northeast. Dreewes said that
a friend of her nephew Kyle Becker "said he saw
[Dreewes'] things" at that house. Dreewes also
provided the license plate number of an
"SUV, a Blazer, " parked in the driveway
at 10501 56th Drive Northeast and the phone number for Ness.
Paxton identified "Ness" as "Vanessa
Miller" and the registered owner of the license plate
for the SUV as Marty Brewer-Slater. Detective Paxton was not
able to find any "link between" Ness or Vanessa
Miller and Marty Brewer-Slater. Detective Paxton called the
telephone number for Ness and left a voice mail message
asking Ness to contact the police. Afterward, Dreewes called
to tell Detective Paxton she "heard that Ness got a
phone call from a detective and was going to run."
Detective Paxton told Dreewes the police needed to obtain the
necessary information before seeking a warrant.
January 14 and January 23, Dreewes and Thomas exchanged
approximately 170 Facebook messages about retrieving the
stolen property and bringing the pink-haired girl to Dreewes
to "bash in her face" or "use her as a
pinata." Thomas did not take the exchanges seriously
until Dreewes sent a Facebook message on January 17.
January 17, Dreewes sent a Facebook message saying she would
pay Thomas and Parrish "$300 for tracking ... down"
the girl with the pink hair. At approximately 9:30
on January 22, Dreewes sent Thomas a Facebook message
confirming that "my laptop and stuff is 100% in that
house." Dreewes told Thomas she had received $1, 500
from her insurance company for the stolen items and if the
police did not know she recovered her property, there would
be money to pay Thomas. Dreewes texted Thomas:
If I get my laptop back but not through the cops I don't
have to tell my insurance company that just paid me $1500 for
it "wink wink".... If you get my laptop back and
cops don't know about it I can keep the $1500 and get you
some more $$.
asked Dreewes to clarify exactly what she wanted Thomas and
Parrish to do. Dreewes responded, "I want my shit.... I
want her to have 2 black eyes and her to go to
jail." Thomas responded, "[W]e can do the
shit and black eyes but jail we can't do." Dreewes
told Thomas to "nab" Ness and bring her to
Dreewes' barn in Arlington. Thomas asked Dreewes how many
"people in the house and any weapons." Dreewes told
Thomas her nephew Kyle said there would be four to five
people in the house at 10501 56th Drive Northeast and
"don't go there unless packing."
Recipients Michelle Thomas . . .
Jennifer Dreewes ...
Author Michelle Thomas ...
Sent 2014-01-23 06:04:20 UTC [(January 22,
2014 at 10:04 p.m. PST)]
. . . .
Body how many people in the house and any
Recipients Michelle Thomas ...
Jennifer Dreewes ...
Author Jennifer Dreewes ...
Sent 2014-01-23 06:05:27 UTC [(January 22,
2014 at 10:05 p.m. PST)]
. . . .
Body Kyle said 4-5 and yes he said don't
go there unless packing.
and Thomas exchanged 13 more Facebook messages on January 22.
Dreewes and Thomas also talked to each other by phone the
morning of January 22 and exchanged 10 text messages between
11:55 a.m. and 11:38 p.m. on January 22.
a.m. on January 23, Thomas sent Dreewes a Facebook message.
Thomas told Dreewes that she and Parrish went to 10501 56th
Drive Northeast but no one answered and "all doors were
locked along with available windows." Thomas said they
would go back to the house later that day.
and Parrish returned to 10501 56th Drive Northeast at
approximately 1:20 p.m. Parrish carried a semiautomatic rifle
under his coat. Thomas carried a pistol and duct tape and zip
ties in her backpack.
Brewer-Slater and his wife Marty Brewer-Slater had lived at
10501 56th Drive Northeast with their children for
approximately 13 years. On January 23 at 1:20 p.m., two
children were at school and Rohen and Marty Brewer-Slater
were at home with their adult daughter Eenone
Johnson-McDonell and her boyfriend James Meline.
knocked on the door for approximately 15 minutes. Rohen did
not open the door because he did not recognize Parrish or
Thomas. Rohen decided to "crack the door open a little
bit to ask them what they wanted." Thomas and Parrish
asked if "Nessa" was there. Rohen did not recognize
the name and told Parrish and Thomas the person they were
looking for "w[as]n't in the home." Parrish
then "shoved the muzzle of his rifle through the opening
and "pushed his way" into the house. Thomas and
Parrish pointed their guns at Rohen, demanded "all of
the computers and laptops in the home, " and said if
Rohen did not "do what they asked that they would kill
me." Rohen yelled they had "picked the wrong
home" and to "leave immediately." Rohen yelled
"for my daughter and anybody in the home to call
daughter Eenone and her boyfriend James heard the shouting.
James ran upstairs from the basement. Thomas pointed her gun
at Rohen and James. Parrish went downstairs, pointed his
rifle at Eenone's face, and told her, "Give me your
phone." Parrish took her cell phone and went back
upstairs. Meanwhile, Marty came running from the upstairs
bedroom carrying bear mace. Rohen grabbed Thomas' pistol
and threw it into the fireplace in the next room. Thomas ran
out the front door. Parrish hit Rohen in the face with the
butt of his rifle. Parrish aimed his rifle at Marty and
pulled the trigger. Because the safety was on, the gun did
not fire. Marty sprayed Parrish in the face with the bear
mace. Rohen, James, and Eenone tried to wrestle the rifle
away from Parrish. Parrish dropped the rifle and ran. Rohen
chased after Parrish. Rohen and James held Parrish until the
called Dreewes at 1:49 p.m. Thomas was screaming and crying.
She told Dreewes that "everything went wrong.... [W]e
... went into the house, ... they had gotten my gun. They . .
. had Don." Dreewes told Thomas to go to Dreewes'
mother's house but [j]ust don't tell her mom
why" Thomas was there and Dreewes "would be there
soon." Dreewes told Thomas to "delete all the
messages off [her] phone ... [o]f any sorts of conversations
that her and I had." Thomas decided to contact the
Craig Bartl interviewed Thomas and Parrish. Detective Bartl
obtained a search warrant for Thomas' cell phone records.
Detective Bartl contacted Detective Paxton after learning
Dreewes was involved. Detective Paxton called Dreewes.
Dreewes agreed to give a recorded statement to the police.
interview began at 8:15 p.m. on January 23. Dreewes denied
asking Thomas to retrieve the stolen property. Dreewes said
her nephew Kyle Becker told her a friend of his saw the
pink-haired girl at a "drug house" with
Dreewes' laptop and other stolen property. Dreewes said
her husband drove to the house "to get the house
number." Dreewes told the police she deleted all text
messages with Thomas. Dreewes said she "didn't text
that much with her. Most everything is on Facebook."
Bartl obtained a warrant for the Facebook records. Facebook
produced a 25-page printout of the Facebook messages between
Dreewes and Thomas between January 14 and January 23, 2014.
State charged Dreewes as an accomplice to the crime of
burglary in the first degree while armed with a firearm and
the crime of assault in the second degree with a deadly
weapon of Marty Brewer-Slater. The information identifies Don
Raymond Parrish and Michelle Joan Thomas as codefendants.
affidavit of probable cause states Parrish and Thomas agreed
to retrieve Dreewes' stolen property. Dreewes "told
them that her stolen credit card, laptop, and phone were
inside the residence and provided them with the
address." Parrish admitted he was armed with a "
'big gun'" and Thomas with a " 'small
gun'" and they forced their way into the house. The
affidavit states Thomas gave Detective Bartl a recorded
Thomas provided a recorded statement after being advised
again of her constitutional rights. Thomas stated that she
and her boyfriend Parrish drove to the victims' residence
to help Jennifer Dreewes recover a laptop, phone, and credit
card stolen from Dreewes during a vehicle prowl. Thomas
stated that Dreewes offered her $300 to get the stolen items
back. Thomas said she sent Dreewes a text message upon
arriving at the residence that said "in the
neighborhood" in addition to other text messages sent
earlier in the day. Thomas said Dreewes provided information
about Vanessa and that Dreewes kept telling her that she
needed the laptop.
Thomas stated that they were looking for a girl named Ness or
Vanessa. Thomas said they parked their vehicle around the
corner from the house and walked to the house. Parrish was
armed with the rifle connected to a harness hidden under his
brown zip up jacket. Thomas was armed with the little chrome
handgun with a pearl handle. Thomas stated that after
knocking on the door, it was eventually opened by the male
homeowner who told them that there was no one with the name
of Ness at the residence. Thomas stated that she told Parrish
number of witnesses testified at trial, including the
detectives, a firearms expert, Michelle Thomas, Rohen
Brewer-Slater, and Marty Brewer-Slater. The court admitted
into evidence over 60 exhibits, including Facebook and phone
records, the 911 call, the videotaped interview with Dreewes,
and a videotaped demonstration of a detective firing the
pistol and the semiautomatic rifle.
Thomas testified that she communicated with Dreewes through
Facebook messages, cell phone calls, and text messaging.
Dreewes described the girl that stole property from her truck
on Facebook as a "[s]kinny, white crackhead with pink
hair" and asked if anyone knew her. Thomas
"obtained a partial name and some pictures and ... sent
them" to Dreewes.
testified that at first, she and Dreewes talked about
"giving [the pink-haired girl] a black eye and ...
hurting her, " but "we were just joking around.
Ha-ha, making light of the deal. Figuring that the detectives
or whoever was on the case would finally eventually get
it." But after Dreewes "offered $300 for us to find
her and get her belongings back, that's when I was, like,
Oh, wow, she's serious about it." Thomas said that
as a single mother of two, she would do "[w]hatever I
had to do" for the money.
told Thomas her nephew Kyle was "absolutely positive
that her belongings were in the house" across the street
from the Marysville Pilchuck High School. Thomas testified
that she told Dreewes, "We need to know exactly what you
want done, because once we get there, ... you cannot change
your plans." Dreewes gave Thomas the address of the
house and said, "My nephew says my laptop and stuff is
100% in that house." Thomas confirmed whether "all
she wanted was her stuff back." Dreewes told Thomas she
"wants her stuff, and she wanted [the pink-haired girl]
to have two black eyes and to go to jail." Dreewes told
Thomas to retrieve her belongings, give the girl
"[b]lack eyes[, ] and bring her to my barn" in
asked Dreewes to confirm the address and "wanted to know
how many people were in the home" and "if there was
any sort of weapons."
I had to ask her where the location was. We needed the
address. We wanted to know how many people were in the home,
if there was any sort of weapons, before we attempted to go
to the home.
Q Why was it important to know if - the number of people in
the home and whether or not there were any weapons in the
home before you attempted to go to the home?
A We needed to know how many people were in the home so we
know how many people we were going up against to see if it
was even worth going in. Because if there was too many, we
were going to call it off.
Weapons, we would just bring our own.
Q If there were weapons there, you would bring your own?
confirmed the address was 10501 56th Drive Northeast and told
Thomas that "there was four to five people in the house,
and that we should not go unless we had weapons."
took a handgun and a backpack with duct tape and zip ties to
use to bring the pink-haired girl to Dreewes' barn.
Parrish was armed with a semiautomatic rifle. Before reaching
the house, Thomas sent a text to Dreewes telling her "it
was a huge neighborhood, and there were tons of people
around." Dreewes "told us to [j]ust nab her and
testified that when a man answered the door, he told them,
"Nobody's here by that name." When he starts to
shut the door, Parrish "pushes the door back open."
Thomas testified she and Parrish went inside with their
"guns drawn" and shut the door. Thomas said that
after the man knocked the gun out of her hand, she opened the
door and "took off running." Thomas called Dreewes.
Dreewes "told me to go to her mom's house and hide
out" but "[j]ust don't tell her mom why I was
sitting there and waiting and that she would be there
soon." Dreewes told Thomas to "delete all messages
... [o]f any sorts of conversations that her and I had."
cross-examination, Thomas said she pleaded guilty to burglary
in the first degree and assault in the second degree with a
firearm and "agreed to testify .. . truthfully" at
trial. Thomas testified that in January 2014, she was using
illegal drugs and during some of the conversations with
Dreewes, she was "intoxicated on illegal drugs."
Sprint records showed that between January 14 and January 23,
Dreewes and Thomas exchanged 183 cell phone calls and text
messages. The Sprint records also showed that
approximately an hour before Thomas and Parrish used guns to
force their way into the Brewer-Slater home at 1:20 p.m. on
January 23, Thomas called Dreewes, and that Dreewes sent a
text message to Thomas at 1:46 p.m.
objection, a detective read portions of a printout of text
messages between Thomas and Parrish to the jury. At
approximately 2:00 p.m. on January 22, Thomas tells Parrish
she has the address and "[t]ake the gun with you."
Michelle responds [to Parrish].... If you want the address,
I... have it. Take the gun with you.
Mr. Parrish responds back within a minute, Give to me.
And then Michelle sends out, couple minutes later, ... 56th
Drive East Marysville, older Durango in the driveway. There
are four to five people inside, all are packing....
Then Mr. Parrish responds a couple minutes later, Where did
you ... get info from? Reliable?
Michelle responds, Yes. Jen's nephew was there.
Mr. Parrish responds, couple minutes later, 500 still on the
And response back to that is, $300 .... If police don't
find out she got it back, she'll throw in extra.
stipulation, the court also admitted a recording of a jail
telephone conversation between Dreewes and an unidentified
male. During the call, Dreewes asks the unidentified male to
access her Facebook account and delete all messages with
Brewer-Slater testified that he works in the aerospace
industry. Rohen said that in January 2014, the family invited
a homeless girl to spend the night at the house. Rohen