Facts: After being injured in an automobile accident caused by her provision of alcohol to the driver, respondent Teresa Hedlund was charged as an accomplice with driving under the influence and reckless driving in the Auburn Municipal Court. Following a ruling that Washington Revised Code §9A.08.020(5), which prohibits victims of a crime from being prosecuted as accomplices, did not bar Hedlund’s prosecution, Hedlund was convicted as an accomplice to driving under the influence. Hedlund appealed to the Superior Court for King County, which reversed her conviction. Upon appeal by the city of Auburn, the Washington Court of Appeals affirmed the superior court, holding that Hedlund’s injuries rendered her a victim of the crime of driving under the influence and that she therefore could not be prosecuted as an accomplice. The city of Auburn appealed this decision to the Supreme Court of Washington.

Question(s): Was Hedlund a victim of the crime of driving under the influence for purposes of §9A.08.020(5)?

Conclusion: Justice Chambers’ opinion for the Court affirmed the Washington Court of Appeals, concluding that Hedlund was a victim of the crime of driving under the influence and therefore immune to prosecution as an accomplice under §9A.08.020(5) as the definition of victim for purposes of §9A.08.020(5) is a broad one that extends to anyone injured in a crime and is not limited to those harmed by crimes that require an element of injury to persons or property.

Docket No. 80110-0 (from Court of Appeals Division I Case No. 51791-1)

Petitioner: City of Auburn

Respondent: Teresa A. Hedlund

Briefs:

Argument: Thursday, May 15, 2008 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, February 12th, 2009

Prevailing Party: Teresa A. Hedlund (Respondent)

Vote: 5-4

Citation: Pending

Alexander

Johnson

Madsen
(Dissent)

Sanders

Chambers
(Majority)

Owens

Fairhurst

Johnson

Stephens