Opinion
No. 22770-7-III
Filed: March 22, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of Whitman County. Docket No. 03-1-00105-2. Judgment or order under review. Date filed: 02/06/2004. Judge signing: Hon. John David Frazier.
Counsel for Appellant(s), David N. Gasch, Gasch Law Office PO Box 30339, Spokane, WA 99223-3005.
Counsel for Respondent(s), Carol L. La Verne, Attorney at Law, Whitman Co Pros Attorney, PO Box 30, Colfax, WA 99111-0030.
David McJunkin was convicted of third degree rape. Claiming the evidence did not support the conviction, he appeals. We affirm.
On July 15, 2003, Elizabeth Knight spent the evening drinking beer at a Pullman tavern. She described herself as drunk, but aware of what was going on. A man at the bar offered her a ride home. When she got in his car, he said something that upset her so she got out of the car screaming.
She then ran into three men who asked her what was wrong. She told them she had a boyfriend and needed to get home. The men offered to walk her home. Mr. McJunkin was one of the men.
When they got to her apartment, Ms. Knight was unable to open the door and one of the men had to help her. She went into her apartment, shut the door, and got undressed and into bed. She does not remember checking to see if the door latched.
Ms. Knight indicated she became aware someone was in her bed. She recognized the person as Mr. McJunkin and told him he should not be there because she had a boyfriend. Mr. McJunkin began kissing her and touching her. She told him no. At one point he touched her breast and put his finger in her vagina. She then felt his penis rubbing against her. She grabbed it and pushed Mr. McJunkin off her. She rolled over and started to cry. She then passed out or fell asleep. The next morning, she found several post-it notes from Mr. McJunkin, apologizing if he made her uncomfortable and asking her to call him.
The State charged Mr. McJunkin with third degree rape. He waived his right to a jury trial.
Ms. Knight testified to the events as described above. She said both her words and actions indicated her lack of consent. The investigating detective also indicated she told him she had said no.
Mr. McJunkin testified at trial that he did walk Ms. Knight home and she was hugging and kissing the men. When they got to her apartment, Ms. Knight let them in to use the bathroom. Mr. McJunkin stayed to get a glass of water and then asked Ms. Knight if she wanted him to stay or go. She did not care.
Mr. McJunkin got into bed with Ms. Knight. They talked and started fooling around. She did not object when he rubbed her vaginal area or put his finger inside her. She did tell him she did not want to have intercourse.
Mr. McJunkin left the room to use the bathroom. When he returned, he saw Ms. Knight lying in a fetal position. She seemed upset and told him to sleep on the couch. He decided to go home, but left her notes saying he felt bad she was so upset.
Mr. McJunkin testified about several personal facts Ms. Knight told him. She confirmed most of these facts.
The court found Mr. McJunkin guilty of third degree rape. It indicated Ms. Knight's testimony was credible, reasoning she had no motive to lie. The court noted the conversation the two had was merely small talk and not an intimate pre-sex discussion. This appeal follows.
Mr. McJunkin challenges the sufficiency of the evidence to support his conviction for third degree rape. Our review of a sufficiency of the evidence claim arising from a bench trial is limited to whether substantial evidence supports the court's findings of fact and whether the findings support the conclusions of law. State v. Alvarez, 105 Wn. App. 215, 220, 19 P.3d 485 (2001). Evidence is sufficient to support a conviction if, after viewing the evidence and all reasonable inferences in a light most favorable to the State, a rational trier of fact could find each element of the crime proven beyond a reasonable doubt. State v. Green, 94 Wn.2d 216, 221, 616 P.2d 628 (1980). We review de novo the trial court's legal conclusions. State v. Collins, 121 Wn.2d 168, 174, 847 P.2d 919 (1993). But we defer to the trier of fact on matters of witness credibility. State v. Chapman, 78 Wn.2d 160, 164, 469 P.2d 883 (1970).
Mr. McJunkin challenges the court's finding that Ms. Knight was credible. He asserts the court did not properly take her drunkenness and other possible motives into account. But this is a question of credibility that is not subject to our review.
The evidence presented supports the court's findings of fact, which in turn support the conclusions of law.
Affirmed.
A majority of the panel has determined this opinion will not be printed in the Washington Appellate Reports, but it will be filed for public record pursuant to RCW 2.06.040.
SCHULTHEIS and KURTZ, JJ., concur.