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State v. Musayev3/4/2002
nts bit Musayev's hand to try to weaken his grip. The apartment manager, Richard Gettles, broke up the altercation, separated the men, and took possession of the knife.
Davidyants sustained a five-centimeter laceration on his neck and deep lacerations on his left hand and thumb. He was initially transported to Valley Medical Center, but was transferred to Harborview Medical Center to assess whether the cut on his neck had penetrated the platysma, a thin muscle beneath the skin surface that is easily penetrated. However, the wound on Davidyants' neck was superficial and did not penetrate the platysma. It was cleaned and left to heal. The wound on Davidyants' thumb and hand was much deeper, but it did not require surgery. The Harborview emergency room physician testified that Davidyants' hand injury was consistent with a defensive wound.
At trial, Musayev raised a diminished mental capacity defense. He testified that he had sustained head injuries on three occasions prior to the 1999 car accident, although he admitted that he had not said anything about these injuries to the forensic psychologists who examined him before trial. He also claimed that he had lost consciousness as a result of the car accident. The defense expert, a doctor of psychology, provisionally opined that Musayev suffered from metafarcal dementia caused by multiple tiny strokes related to cardiovascular disease. He testified that individuals suffering from dementia have difficulty resisting their impulses. However, when asked whether Musayev had sufficient brain function to form the intent to kill Davidyants, the defense expert conceded that 'I would think that he would be able to make a decision, yes, yes, he had enough brain function to make the decision to do things, yes.' 9 Report of Proceedings at 139-40. The State's expert, a forensic psychologist, found no evidence that Musayev suffered from dementia. She opined that Musayev more likely suffered from an adjustment disorder with depressed mood, caused by difficulty adjusting to the recent upheavals in his life. She concluded that while Musayev may have been angry on the day he attacked Davidyants, he did have the capacity to form the intent to kill.
Musayev also asserted a defense of general denial. He denied threatening Davidyants with a knife in December 1998, but admitted that he grabbed Davidyants, pushed him out the door, and told him not to come back. Musayev also had a markedly different view of the July 1999 incident.
Musayev claimed that he happened to be cutting vegetables with a kitchen knife when Davidyants entered his apartment and insulted his mother.
Musayev said that he responded by pushing Davidyants out of the apartment while still holding the knife. According to Musayev, Davidyants grabbed Musayev's knife-wielding hand and started biting it, thereby bringing himself close to the knife and cutting his neck. Musayev denied holding Davidyants during the struggle, and denied having the intent to kill.
Musayev's trial started on October 23, 2000. On October 24, the State presented testimony from Davidyants; apartment manager Richard Gettles; emergency room physician Dr. Brian Knott; and police officer Jonathan Harrison. Later that day, defense counsel interviewed Arsen Avanesyan, a neighbor of Musayev's who lived at the Riverton View Apartments, and learned that Avanesyan had a videotape documenting the aftermath of the incident.
Tukwila police officer Steven Gurr obtained the tape from Avanesyan either the day of the incident or the following day. Although Gurr did not view the videotape, he concluded that it had no evidentiary value because he understood from Avanesyan that recording did
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