Washington v. Gilbert

MUNSON, J. --Robert E. Gilbert appeals his conviction of second degree malicious mischief. He contends the trial court erred in holding damages in a malicious mischief case include sales tax. We hold sales tax was properly included and affirm. On August 23, 1993, Ritzville Chief of Police, David McCormick, responded to a reported assault. Adams County Deputy Sheriff, John Hunt, served as backup to Chief McCormick. The officers arrested Mr. Gilbert, handcuffed his hands behind his back, and placed him into the rear seat of Chief McCormick's patrol car. As soon as the officers closed the car door, Mr. Gilbert began kicking the right rear door. Deputy Hunt opened the door and told Mr. Gilbert to stop or he would be hog-tied. Mr. Gilbert stopped kicking, but when the Deputy closed the door he noticed the top of the doorframe was sprung out away from the body of the car about three and one-half inches.