Michelle Sorlie testified that although the other man could have just been walking down the street, it appeared to her that he was acting as a lookout for Gerdts. ¶ 4 When Marcus Sorlie called out to Gerdts, Gerdts ran off quickly, joining another man who was walking down the street.
Although they did not know his name, the Sorlies were familiar with Gerdts because he frequented the club. ¶ 3 According to the State's witnesses, when Michelle and Marcus Sorlie arrived at the 12-Step Club, 1 they heard a scraping noise and simultaneously observed Gerdts walking next to a van he appeared to be running his hand along the side of the van.
Gerdts pleaded not guilty, and the case went to a jury trial. ¶ 2 The State charged Gerdts with second degree malicious mischief. He also argues that he received ineffective assistance of counsel based on his trial counsel's failure to object to the challenged instruction and prosecutorial misconduct. ¶ 1 Garen Mark Gerdts appeals his conviction of second degree malicious mischief arguing that the knowledge instruction in the case (1) created an unlawful mandatory presumption relieving the State of its burden of proving every element of the offense, and (2) was confusing and misleading because it did not follow the exact language of RCW 9A.08.010(1)(b). Jeremy Richard Randolph, Chehalis, WA, for Respondent. Backlund, Backlund & Mistry, Olympia, WA, for Appellant. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising.Court of Appeals of Washington,Division 2. Before making any decision or accepting any legal advice, you should have a proper legal consultation with a licensed attorney with whom you have an attorney-client privilege. It is not a substitute for professional legal assistance.
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