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ISSAQUAH LAW GROUP - PERSONAL INJURY LITIGATION LAWYERS

Issaquah Law Group - Personal Injury Litigation Attorneys

TRUST: Personal injuries are personal. Which is why the attorneys at ILG treat every client and every case differently. Because they are different, and extremely personal. ILG was founded on the principle that strong client relationships are the key to successful legal representation and strong relationships are built on trust. Trust that you will be heard. Trust that you will be protected. Trust that every effort will be made to see justice done in your case. The singular goal of every ILG attorney is to earn and preserve that trust.

EXPERIENCE: ILG attorneys have a broad base of litigation experience to draw on in all Federal and State courts from on-the-ground investigations to Supreme Court appeals and we bring this experience to bear on behalf of our clients in personal injury and wrongful death claims arising out of motor vehicle accidents, bus versus pedestrian accidents, defective and dangerous products, medical malpractice, slip/trip and fall accidents, and catastrophic losses due to fire.

LOCATION: We are located on the Eastside in Issaquah, convenient to Bellevue, Redmond, Kirkland, Renton, Sammamish and North Bend. However, we provide legal services in King County, Pierce County, Snohomish County and throughout the entire state of Washington.

In addition, through The Amateur Law Professor Blog and LinkedIn postings, we share pertinent opinions and decisions of the Washington State Supreme Court, as well as the pertinent opinions and decisions of the Washington State Courts of Appeal so that our clients can be as update to date on cutting legal issues as we are.

WA Legal Roundup: Division III

 

State v. Gomez

“I swear boss I left him right here!”  Gomez was arrested for driving while license suspended and obstruction.  He was taken to the county jail and handcuffed to a chair that was bolted to the floor.  Apparently that is the extent of the holding facility at this Garfield County jail, which is in the basement of the county courthouse.  A CHAIR BOLTED TO THE FLOOR!  Must be budget cuts. 

So the arresting deputy sheriff gets another call and leaves Gomez handcuffed to the chair.  When the deputy comes back, Gomez is gone.  Surveillance video showed Gomez slipping out of the handcuffs and just walking out the door.  They can’t afford a jail cell, but it’s important to have a video of your lone prisoner escaping.  I wonder what they do if they have multiple prisoners.  Do they handcuff them all to the one chair and when the music stops whoever sits down first gets early release?

Houndini

So the deputy eventually catches up with Gomez and arrests him again.  This time they handcuffed him to the flag pole.  Gomez was charged with felony escape second degree (RCW 9A.76.120), which is defined as knowingly escaping from a “detention facility.”  Knowingly?  I can’t imaging a prisoner unknowingly escaping jail:  “Oh my gosh!  How did I get out here?” 

So Gomez was convicted of second degree escape and he appealed the conviction arguing that what he did was actually escape from custody (RCW 9A.76.130), which is only a gross misdemeanor. 

So the issue came down to: Is a pair of handcuffs and a chair bolted to the floor a detention facility?  The statutory definition of “detention facility is “any place used for the confinement of a person.”  Well Garfield County Jail doesn’t have a jail cell so I guess the chair is a “detention facility.”  So says Division III. 

So keep track of that one bullet deputy…Gomez the Magnificent has lost his appeal and he may be coming back to town.

Barney Fife

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