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2300 Main St. Vancouver, WA 98660 | 360-906-7234

2300 Main St. Vancouver, WA 98660 | 360-906-7234

No visible injuries + no victim = no conviction

Filed Monday, March 04, 2024 by Barrar Law

Despite knowing that the victim in a domestic violence assault case was not planning to attend trial May 18 in Clark County District Court, an assistant city attorney went forward with the case because he had an eyewitness to the alleged incident.
The eyewitness testimony wasn't convincing enough for the jury, which voted unanimously to acquit attorney Katie Kauffman's client of fourth-degree assault, a gross misdemeanor punishable by up to one year in jail and a $5,000 fine. 
Kauffman's client was arrested Feb. 19 after the eyewitness, who was working at a gas station, reported seeing the defendant and her boyfriend in a fight. The victim told a responding police officer that he had not been assaulted or placed in fear of being assaulted.

The officer also wrote in his report that he didn't observe any signs of physical injury to the victim. The defendant also showed no signs of injury, the officer wrote. She said she and the victim did have an argument, and she may have shoved him. 

The gas station attendant said the victim asked him to call 911 and claimed that he'd been hit across the face. He told a police officer that he saw the defendant take several swings at the victim and kicked him. 

At trial, the gas station attendant testified he didn't personally know the defendant or the victim. The defendant testified that she and her boyfriend, the alleged victim, went to the gas station because her boyfriend had wanted to buy weed from the attendant. 

During closing arguments, Kauffman told jurors that they had all responded to a summons to report for jury duty. Likewise, the victim had received a court order to appear in court but failed to do - and the government does the resources to bring the victim to court. They hadn't heard any reason why the victim didn't show up to tell his side of the story, Kauffman said. So jurors were left without hearing from the victim or seeing photographs of any injuries, as there weren't any. 

Jurors deliberated about 30 minutes before returning the not-guilty verdict.