Washington v. Abdi-Issa (Majority, Concurrence and Dissent)
Annotate this CaseJulie Fairbanks began dating Charmarke Abdi-Issa shortly after she moved to Seattle with her dog, Mona. Mona was a small Chihuahua and Dachshund mix. Fairbanks testified she was close to Mona. Abdi-Issa, however, had a history of disliking Mona. Abdi-Issa was abusive toward Fairbanks and Mona, even threatening to kill them both. Abdi-Issa insisted on taking the dog for a walk. Witnesses saw Abdi-Issa kick Mona so hard it went airborne and into some nearby bushes. A witness called police; police discovered the dog still alive, under a bush. When it was transported to a nearby veterinary clinic, the dog had died. A necropsy found that Mona had died from multiple instances of blunt force trauma. The State charged Abdi-Issa with first degree animal cruelty under RCW 16.52.205 and sought a domestic violence designation under RCW 10.99.020 and RCW 9A.36.041(4). The State also charged two sentencing aggravators: (1) that the crime had a destructive and foreseeable impact on persons other than the victim under RCW 9.94A.535(3)(r) and (2) that Abdi-Issa’s conduct during the crime of domestic violence manifested deliberate cruelty or intimidation of the victim, RCW 9.94A.635(3)(h)(iii). Abdi-Issa unsuccessfully moved to dismiss the domestic violence designation and aggravators multiple times. The Court of Appeals vacated the domestic violence designation, the no- contact order, and the impact on others sentencing aggravator. The Washington Supreme Court was asked to determine whether the trial court correctly concluded that animal cruelty could be a crime of domestic violence. The Court was also asked whether the trial court properly instructed the jury that it could find this crime had a destructive and foreseeable impact on persons other than the victim. The Supreme Court affirmed the trial court on both issues.
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