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State v. Kamps5/13/2003
A jury convicted Troy D. Kamps of one count of first degree assault with a firearm enhancement and one count of fourth degree assault. On appeal, Mr. Kamps alleges many errors, but mainly a defective charging document, several instructional errors, evidentiary errors, and ineffective assistance of counsel. We affirm.
FACTS
On January 6, 2000, Mr. Kamps and his girlfriend, Shannon Peterson, got into a domestic altercation. Brandi Blankenship and her boyfriend Benjamin Pourier arrived to assist Ms. Peterson. After some altercation, Mr. Kamps shot Mr. Pourier nine times with a .22 caliber rifle. Mr. Kamps' criminal history included a 1988 juvenile felony conviction.
The State charged Mr. Kamps with one count of first degree assault as follows: 'That on or about the 6th day of January 2000, in Asotin County, Washington, with the intent to inflict great bodily harm the Defendant assaulted Benjamin Pourier with a deadly weapon.' Clerk's Papers (CP) at 6. The information contained a statutory firearm allegation. Mr. Kamps was also charged with one count of unlawful possession of a firearm in the second degree.
On February 11, 2000, the State filed an amended information adding one count of second degree assault as follows: 'That on or about the 6th day of January 2000, in Asotin County, Washington, the Defendant assaulted Brandi Blankenship with a deadly weapon.' CP at 144. The amended information also alleged a single count of fourth degree assault: 'That on or about the 6th day of January, 2000, in Asotin County, Washington, the Defendant knowingly assaulted Shannon Peterson by intentionally yanking her hair.' CP at 145.
At trial, Ronda Walker testified she was working in a neighborhood bar while Mr. Pourier and Ms. Blankenship were customers when a telephone call came in from Ms. Peterson. According to Ms. Walker, Ms. Peterson reported being beaten up by Mr. Kamps and asked someone to come over to her residence to help. Ms. Blankenship then immediately left to go to Ms. Peterson's aid, and Mr. Pourier followed after her.
Clarkston patrol Sergeant Jonathan Coe responded to the shooting scene and recovered a Ruger .22 rifle. Mr. Kamps was disheveled and bloody. Over Mr. Kamps' hearsay objection, Sergeant Coe testified the hysterical Ms. Peterson reported Mr. Kamps beat her and then she called the neighborhood bar for help. Mr. Pourier was found lying on the bedroom floor.
Officer Michael Smith testified he saw a clump of hair come out in Ms. Peterson's hand as she ran her hands through her hair. According to Officer Smith, Ms. Peterson's eyes appeared red and puffy as if she had been crying.
The emergency room doctor testified Mr. Pourier suffered from nine gunshot wounds, two near his left eye, others in the chest, abdomen, arms, legs, and one in Mr. Pourier's back. Mr. Pourier had a blood alcohol level of .19. Several of his wounds were life threatening.
A Washington State Patrol technician testified bullet holes in a T-shirt Mr. Pourier had been wearing indicate he was shot in the back from a distance greater than 40 to 48 inches. The technician estimated the gunshot wounds around the eyes were from a range of 18 inches or closer.
The trial court played the tape of Ms. Blankenship's 911 call. Ms. Blankenship reported Mr. Kamps had a gun. The transcript indicates the shooting could be heard in the midst of much shouting, swearing, and screaming.
Ms. Blankenship testified the shooting and subsequent surgeries affected Mr. Pourier's memory and ability to talk. Ms. Blankenship testified Ms. Peterson waved her and Mr. Pourier into the residence.
The
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