State v. Wingate, 155 Wash. 2d 817

Summary

The Supreme Court of Washington held that the trial court properly gave a first aggressor instruction in Joshua Wingate's assault prosecution. Because conflicting evidence supported the conclusion that Wingate's conduct precipitated the confrontation, the court reversed the Court of Appeals and remanded for consideration of the remaining issues.

Holdings

1. The trial court properly gave the first-aggressor instruction because conflicting evidence supported a reasonable interpretation that Wingate's conduct precipitated the confrontation.
2. A first-aggressor instruction does not require that the defendant's conduct before the assault be independently wrongful or unlawful; an intentional act reasonably likely to provoke a belligerent response is sufficient.

Questions Presented

1. Whether the evidence supported giving a first-aggressor jury instruction.
2. Whether an intentional act reasonably likely to provoke a belligerent response can support a first-aggressor instruction even without proof that the defendant engaged in unlawful conduct.
3. Whether conflicting evidence about who precipitated the confrontation warranted the instruction.

Disposition

reversed_and_remanded