Scanlan appeals her convictions for assault in the second
degree, felony violation of a court order, and unlawful
imprisonment of Leroy Bagnell, her domestic partner. Scanlan
contends that (1) the trial court erred in admitting
testimonial statements made by Bagnell to medical treatment
providers, (2) there was insufficient evidence to support the
charge of unlawful imprisonment, and (3) her convictions for
both felony violation of a no-contact order and assault in
the second degree were based on the same course of conduct
and violate double jeopardy.
that because the primary purpose of Bagnell's statements
to his treatment providers was for medical treatment, the
admission of the statements did not violate Scanlan's
rights under the confrontation clause. We further conclude
that there was sufficient evidence to support Scanlan's
conviction for unlawful imprisonment. We therefore affirm
Scanlan's convictions for assault in the second degree
and unlawful imprisonment. However, we accept the State's
concession and reverse Scanlan's conviction for felony
violation of a no-contact order. We remand for resentencing
on the crimes of assault in the second degree, unlawful
imprisonment, and misdemeanor violation of a no-contact
2013, Bagnell, an 82-year-old widower, was living
independently in the Federal Way home that he had shared with
his wife of more than 50 years. Sometime in 2013, Bagnell met
Scanlan, a woman 30 years his junior. They quickly became
friends and about two months later, Scanlan moved in with
October 16, 2014, the Federal Way Police Department responded
to Bagnell's home after receiving a 911 hang-up call. The
officers found Bagnell and Scanlan inside the home. Scanlan
was uninjured, but Bagnell, who was dressed in a t-shirt and
underwear, had wounds on his head, arms, and legs. After
questioning Scanlan, the officers arrested her. As a result
of the incident, a court order was issued prohibiting Scanlan
from contacting Bagnell.
weeks later, on November 6, 2014, Bagnell's adult
children grew concerned after Bagnell missed a scheduled
meeting with them. After trying and failing to reach him on
his cell phone and home phone, Bagnell's children went to
Bagnell's house to check on him.
Bagnell's children arrived at his house, they found it
dark. Its blinds were drawn and all of the interior and
exterior lights were out. The children thought this was odd
and moved up to the front porch to try to see inside. From
the porch they could see the glow of the television and
shadowy movements. They rang the doorbell and knocked but
received no answer. Bagnell's children were alarmed and
opened the door with an emergency key.
they found Bagnell's home in disarray. Trails of blood
ran across the carpet and up the stairs, gouges marked the
walls, and broken household items and debris lay on the
floor. A golf club leaned against a wall, and a hammer lay on
a coffee table. A crowbar was on the dining room table, and a
broken broom handle stood in a garbage bucket in the middle
of the family room's floor. Bagnell sat alone in a chair
in the family room, dazed, bleeding from several wounds, and
severely bruised such that "[h]is face was black."
Bagnell at first appeared to be unconscious, but he began to
respond to their attempts to rouse him as they called 911.
15 minutes later, Federal Way Police Officer Brian Bassage
arrived at Bagnell's home. Just as Officer Bassage
arrived, Scanlan was found hiding under a blanket in the
front seat of a car in the garage. As Officer Bassage removed
her from the car, Bagnell's daughter yelled out at her
that she had "just beat her father half to death, that
there was blood everywhere." Scanlan shouted back,
"It's not that bad."
police station, Scanlan claimed to be injured. The police
took pictures, but did not detect any significant injuries.
Scanlan did not receive medical treatment.
was transported to the hospital where he was treated in the
emergency room for his injuries which included: extensive
bruising all over his body, four large open wounds on his
legs, wounds on his arms, and fractures on both hands.
Bagnell was treated in the emergency room on November 6 by
emergency room Nurse Catherine Gay and Dr. Robert Britt.
Bagnell also met with social worker Jemina Skjonsby. After
treatment, but prior to his release, Bagnell met with Federal
Way Police Department Detective Adrienne Purcella from about
midnight to 1:00 a.m. Bagnell signed a form medical records
waiver at 12:55 a.m.
did not testify at trial. However, the trial court admitted
statements that Bagnell made to medical providers in the
emergency room, as well as subsequent statements made to his
primary care physician and wound care medical team.
November 2015, the State charged Scanlan with assault in the
second degree (count 1), felony violation of a court order
(count 2), unlawful imprisonment (count 3), and assault in
the fourth degree (count 4). All counts contained a domestic
violence allegation. The jury found Scanlan guilty of assault
in the second degree, felony violation of a court order, and
unlawful imprisonment. Scanlan appeals.
contends first that her right to confront the primary witness
against her was violated. She argues that the trial court
erred in admitting testimonial statements made by Bagnell to
medical providers and two law enforcement officers.
Testimony of Medical Providers
trial court allowed testimony from five medical providers
concerning statements that Bagnell made to them during the
course of treatment.
Gay was the first person to speak with Bagnell. Gay testified
that when she asked Bagnell how he was injured, Bagnell told
her that "his girlfriend had beaten him up, and that
he'd had a no-contact order with that individual."
Gay testified that when she asked Bagnell why his neck had a
"ring mark around the back of [it], " Bagnell told
her that "his girlfriend had ... tried to strangle him
with his sweatshirt and had pulled the sweatshirt so hard, it
had left this permanent ring around the back of his
neck." Gay clarified during cross-examination that
Bagnell had not used the word "strangled."
Britt, the emergency room doctor who treated Bagnell,
testified that when he asked Bagnell what happened, Bagnell
responded that he had been imprisoned in his home for two
[Dr. Britt]: The patient did state that he had been in his
home for two days, that he had been imprisoned, or at least
held in his home against his will. He did state that he
hadn't really eaten in a couple of days. He wasn't
allowed to talk to his family.
[State]: And did he tell you about how he sustained his
[Dr. Britt]: He said that he was hit with fists, that he had
been bitten in a couple of places and that he had been hit
with a broom.
Bagnell was medically cleared at about 9:00 p.m., an
emergency room social worker named Jemina Skjonsby met with
him. Skjonsby testified that when she asked him why he felt
okay to return home, Bagnell told her "[t]hat he was
relieved that this person had been removed from the ...