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State v. Musayev3/4/2002
Arif Musayev attacked his brother-in-law Vitaliy Davidyants from behind with a knife, saying that he was going to slit Davidyants' throat. Davidyants sustained lacerations on his neck and thumb. Musayev was charged with attempted murder in the second degree. His defense centered on diminished mental capacity and lack of intent.
Musayev was convicted as charged. He now requests a new trial based on (1) the State's failure to disclose a videotape taken after the attack by a neighbor; (2) admission of improper opinion testimony; (3) insufficiency of the evidence; and (4) prosecutorial misconduct. Finding no reversible error, we affirm.
I.
Arif Musayev immigrated to the United States from Russia with his wife Anna and two adult daughters in 1998. Musayev and Davidyants are related by marriage; Musayev's wife Anna is Davidyants' sister. Upon arrival in the United States, Musayev and his family lived for a time with one of Davidyants' daughters, but they moved to the Riverton View Apartments in Tukwila after Musayev secured a job working at a hotel . In December 1998, Musayev's wife and daughters moved out of the apartment.
Davidyants went to the apartment to assist his sister Anna with the move. Musayev and Anna were arguing, and Musayev insulted her. Davidyants jumped into the argument, calling Musayev 'a stinking rat.' 6 Report of Proceedings at 97. Musayev then grabbed a knife and moved towards Davidyants, saying, 'what do you want me to do, cut your throat' Id. at 98. Musayev pointed the knife at Davidyants' throat from a distance of about half a meter, while Davidyants stood with his back against a wall.
Anna showed up and stood between the men. Musayev then pushed Davidyants out of the apartment, saying, 'I don't ever want to see you here again.' Id. at 99.
In January 1999, Musayev was involved in a car accident. He was taken to Highline Hospital and diagnosed with a chest wall contusion. He did not complain of any head injury or loss of consciousness. Musayev filed suit against the hospital and the driver of the other car, but never received any money from the suit. Musayev never returned to work after the accident.
In February 1999, Valeri Chilenko, the husband of Davidyants' sister Zinaida, immigrated to the U.S. and moved in with Musayev at the Riverton View Apartments. Zinaida Chilenko lived with Anna Musayev and her daughters. Anna Musayev had been paying the rent on Musayev's apartment, but in July 1999 Anna told her husband that she was no longer going to pay his rent.
On July 10, 1999, Davidyants and his sister Zinaida went to the Riverton View Apartments to retrieve a spare key to his car from Valeri Chilenko. When they arrived at the apartment, Zinaida called for Chilenko through the window. They did not go inside. Chilenko brought the key outside and gave it to Davidyants, who was sitting on a chair in the yard. Davidyants then heard Musayev say, '{H}ey general, I warned you not to come here anymore.' Id. at 102. Musayev continued ranting at Davidyants, using increasingly foul language. Davidyants told Musayev to go home, and Musayev went back inside the apartment.
Davidyants, still seated in a chair outside, dropped the key as he was leaning over to put it in the key holder. Musayev came outside, grabbed Davidyants from behind, and put a knife against his throat, saying, 'I told you not to come here, I am going to slit your throat, I warned you.' Id. at 104-06; 7 Report of Proceedings at 11-13, 30-31. The blade was nearly seven inches long. Davidyants grabbed the knife with one hand and Musayev's arm with the other, struggling to push the knife away from his throat. Davidya
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