Facts: Petitioner Jose Montano was charged under Washington Revised Code §9A.76.180 with intimidating a public servant in the Superior Court for Grant County after insulting and threatening the police officer who had arrested him following an altercation with his brother. Montano moved to dismiss the charge on grounds that his threats had not been intended to influence an official action. The trial court granted Montano’s motion to dismiss, ruling that the state had not made a prima facie showing that Montano had attempted to influence the officer in their official capacity. Upon appeal by the state, the Washington Court of Appeals reversed the trial court’s decision and remanded the case for trial. Montano appealed this decision to the Supreme Court of Washington.

Question(s): Did the state make a prima facie showing that Montano had attempted to influence an official action by the officer he threatened?

Conclusion: Justice Charles W. Johnson’s opinion for the Court reversed the Washington Court of Appeals and affirmed the trial court’s decision, holding that that although the officer was engaged in the official action of transporting Montano to jail at the time the threats were made, the state had failed to present any evidence that the threats were intended to influence the officer’s actions. Thus, the Court dismissed the charge against Montano.

Docket No. 82855-5 (from Court of Appeals Division III Case No. 26124-7)

Petitioner: Jose Montano

(Counsel: Jeffrey Goldstein)

Respondent: State of Washington

(Counsel: D. Angus Lee)

Briefs:

Argument: Tuesday, June 8, 2010 10:00am

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

Decided: Thursday, September 16th, 2010

Prevailing Party: Jose Montano (Petitioner)

Vote: 6-3

Citation: Pending

Court: Madsen1 Court (2010-2011)

Madsen

Johnson
(Majority)

Alexander

Sanders

Chambers

Owens

Fairhurst

Johnson
(Dissent)

Stephens