State v. Wilson

1

THE STATE OF WASHINGTON, Respondent, v. WENDELL ALLEN WILSON, Appellant.

No. 84551-9-I

Court of Appeals of Washington, Division 1

August 5, 2024

OPINION

BIRK J.

Wendell Wilson appeals his criminal conviction for shooting and killing Lila Wilson, asserting that during a police interrogation he unequivocally invoked his right to counsel under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct 1602, 16 L.Ed.2d 694 (1966). We conclude he did. Wilson stated, "I'm going to have to ask for legal representation"-words that courts have regularly found to constitute an unequivocal invocation of Miranda rights. The State argues Wilson's use of those words was not unequivocal, because the context known to the questioning officers was that Wilson had already waived Miranda once, he had already admitted the shooting to police and others, and his reference to counsel was building to a question about how long it would take to get a lawyer. We hold the context did not confound Wilson's clear request for a lawyer, his statements in the interrogation were required to be suppressed, and the admission of his statements at trial was not harmless beyond a reasonable doubt. We reverse Wilson's conviction and remand.

I

A

Before he made the statements challenged on appeal, Wilson described certain facts of the shooting in a series of calls to his ex-wife Gay Horton and 911, and then to police officers responding to the scene.

Horton testified that on June 10, 2019, Wilson and Horton spoke over the phone three times. Scene photos showed officers found a handwritten address book open to a page showing Horton's address and phone number. In the first phone call, Wilson called Horton and angrily said," 'I'm going to kill Lila.'" Lila Wilson was Wilson's adult daughter, and lived in an apartment with Wilson, her husband and her then 14 month old son, S. Because of Wilson's history of arguments with Lila Wilson, Horton did not take the threat seriously and responded," 'Okay, what did she do now?'" Wilson hung up. Horton called him back after about three minutes, and Wilson said," 'I killed Lila. I shot her.'" Horton testified his demeanor and tone changed during this second call, because he was breathing really hard and may have been in shock. Horton could not remember where the break was between the second and third calls, but they were very close in time and she recalls asking more details about what was going on. At Horton's request, Wilson indicated he would call 911.

Wilson informed the 911 operator that he needed social services for a baby because he" 'just killed her-the baby's mother'" using a gun. When the 911 operator asked why he shot the mother, Wilson stated," 'She's been given-we've been having a lot of arguments and today it just finally got totally out of hand.' "

The argument centered on putting up a baby fence in the kitchen. The 911 audio ends after approximately six minutes with the arrival of police directing Wilson to put his "hands up" and put "the child down."

Officer Edward Sagiao responded to Wilson's 911 call and was one of the first officers to come into contact with him. Officer Sagiao's interactions with Wilson were partially captured on his patrol car's dashboard video camera. The first minute of the dashcam video captures Officer Sagiao's instructions, heard at the end of the 911 call, to Wilson to put his hands up and the child down, followed by officers taking Wilson into custody outside the apartment. A pretrial exhibit of an extended version of this video included Officer Sagiao reading Wilson his Miranda rights. Wilson waived his rights and agreed to speak with the officer. As to time, Detective Christopher Edwards testified at the CrR 3.5 hearing that he heard about the incident at approximately 5:00 p.m.

Responding authorities found the gun and, inside the apartment, a deceased person later identified as Lila Wilson, who had been shot several times. Wilson told Officer Sagiao the location of the gun and described an argument about installing a baby gate in the kitchen for S. as the reason he shot her. Wilson stated Lila Wilson did not want to hear about his opinion that S. would pull the gate down and hurt himself, "then she started to escalate," she said, "I'm leaving right now. I'm [sic] just want to go," and then she went into the bedroom and slammed the door in Wilson's face. After that, "I went and got my gun and I shot her," "several times, several places." When asked if the gun was locked, Wilson responded, "No . . . it was up in the closet, way up on the shelf totally out of reach of any children."

Officer Sagiao believed it was Lila Wilson's room where Wilson retrieved the gun. Officer Sagiao testified he believed he asked Wilson if he intended to kill Lila Wilson and believed Wilson said he did. Officer Sagiao described Wilson's demeanor at the scene as "very calm" and "polite." After approximately 20 minutes Officer Sagiao arrested Wilson. The dashcam video continues for approximately four more minutes. Another, 13 minute video shows Wilson being transported to the police station.

The interrogation video shows Wilson entering an interview room with Detective Edwards at 5:43 p.m. In the first minute of the video, Wilson asks for confirmation that Detective Edwards is a detective. Within approximately another minute, Detective Tracy Jared enters the room. The following exchange took place starting at 5:45 p.m. during which Wilson asserts he unequivocally invoked his right to counsel:

"DETECTIVE EDWARDS: All right. So no questions. A little bit of calmness here which is good. So like I told you, . . . I met you at the scene and this is Detective Jared. What we're here to do is just try to get everybody's input of what happened. Because, we know we weren't there, that sort of thing. But before we do that, I know that you were spoken to at the scene by Officer Sagiao. And you were already given your Miranda rights; right?

MR. WILSON: Correct.

DETECTIVE EDWARDS: Okay. Do you remember understanding those rights?

MR. WILSON: Yes.

DETECTIVE EDWARDS: Okay. . . . [Y]ou're gonna have to hear them again, because I'm going to read them to you again, just to make sure you understand them. I'm going to read them slow. If you have any questions, just let me know, okay, Wendell? And you're okay if I call you- MR. WILSON: Why (cross talk)^[1]-that's my name. Wendell is my name.

DETECTIVE EDWARDS: Yeah. Do you want me to call you Mr. Wilson or Wendell?

MR. WILSON: Whichever you're comfortable with.

DETECTIVE EDWARDS: Okay. Okay. Go ahead.

MR. WILSON: Um . . . I know I can't afford a lawyer.

DETECTIVE EDWARDS: Okay.

MR. WILSON: So I'm going to have to ask for legal representation, not out of resistance or-or-anything

DETECTIVE EDWARDS: Mm-hmm.

MR. WILSON: But, to get my-I just don't know where-where you stop. Once you start answering questions-

DETECTIVE EDWARDS: Understandable.

MR. WILSON: -then a lawyer becomes real-rather-I mean-

DETECTIVE EDWARDS: Well, yeah.

MR. WILSON: It doesn't, help, is what I'm trying to say. How long would it take me to get a lawyer for?

DETECTIVE EDWARDS: Well, you won't have one tonight-

MR. WILSON: Now that's for sure.

DETECTIVE EDWARDS: Yeah, but will you have one. I mean, you're guaranteed one, right?

MR. WILSON: By the law.

DETECTIVE EDWARDS: Oh, of course. The law will guarantee- guarantee you one. Whether you can afford one or not-and that's part of the rights that I-I read to you.

MR. WILSON: Right.

DETECTIVE EDWARDS: So-I tell you what, let me go ahead and read them to refresh your memory. And then, . . . if you decide, then we'll decide what to do after that. Okay?

MR. WILSON: Yeah.

DETECTIVE EDWARDS: Just so-at least I can say I've read them to you.

MR. WILSON: Right.

DETECTIVE EDWARDS: Because I know, it was very hectic at the scene and I know it's very loud and everything going on. All right.

So Wendell, at this time you have the right to remain silent. Anything you say can be used against you in a court of law. You have the right at this time to talk to a lawyer and have him present with you while you are being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish. You can decide at any time to exercise these rights and not answer any questions or make any statements. So, do you understand each of these rights I've explained to you?

MR. WILSON: Yes, I do.

DETECTIVE EDWARDS: Okay. And then having these rights in mind, do you wish to talk to me now and give me your side of the story about what happened?

MR. WILSON: (Pause.) Yes.

DETECTIVE EDWARDS: You would like to talk to me now? Okay.

Because-I mean, my job is to get both side-

MR. WILSON: I'm dead meat anyways.

DETECTIVE EDWARDS: I'm not going to say that.

MR. WILSON: Well, I'm saying it, so. . .

. . . .

DETECTIVE EDWARDS: Well, I mean that's-all my job is, is to put everything together-to then show somebody.

MR. WILSON: Right.

DETECTIVE JARED: We just want to get your side.

DETECTIVE EDWARDS: So you're willing to talk to us now?

MR. WILSON: Yeah.

DETECTIVE EDWARDS: Okay. All right. So can you tell me. . . kind of start the day. How did your day start there? What happened?"

(Emphasis added) (some alterations in original). Detective Edwards continued to interview Wilson for more than an hour.^[2]

B

In the interview, Wilson stated he took hydrocodone twice on the day of the incident: once at 11:00 a.m. and again at 3:30 p.m Wilson described the argument that concerned installing a baby gate in the kitchen, which eventually escalated with Lila Wilson threatening to move out. The argument took place throughout the apartment, and the two were in the master bedroom before Wilson retrieved the gun from the adjacent bedroom. Wilson...