State v. Dent

869 P.2d 392 (1994)

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Nature of the Case

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Facts

Dent had a relationship with Powell. Dent's parole was revoked based on an accusation made by Powell to Dent's parole officer that Dent had assaulted her. Dent was incarcerated in the King County Jail where he met Balcinde. It was alleged that Ds formed their conspiracy to kill Powell. Dent was transferred to another jail. Dent contacted his girlfriend, Tryon, to help in communicating with Balcinde to advance the murder plan. Through numerous phone calls and letters, Dent asked her to (1) forward letters from Dent to Balcinde using a different or false return address; (2) give her handgun to Balcinde upon his release, after removing the serial number and reporting it stolen; (3) set aside $ 300 to $ 400 to pay Balcinde; (4) pick Balcinde up from the King County Jail upon his release; (5) show Balcinde a videotape from which he could identify Powell; and (6) show Balcinde where Powell was then residing. In one telephone conversation, Tryon asked what the gun was for, and Dent told her that 'it was gonna be used for Ann [Powell].' Tryon and her sons also received phone calls from Balcinde. Tryon's sons convinced her to contact the police. The investigating officers recorded a call from Dent to Tryon where Tryon asked Dent if it was necessary to go through with 'putting [Powell] in the ground'. Dent answered 'I cannot allow the [Parole] Board to have the argument that there's someone who's afraid of me, someone who thinks I'm a threat to. As far as they're concerned, I should never get out of prison under those conditions.' Tryon wrote a letter to Balcinde telling him that she would pick him up on March 19, 1990, when he was scheduled to be released. A deputy posing as Tryon met Balcinde. Balcinde stated that he was 'going to do what you write me before', that Tryon was supposed to pay him $300, and that he was supposed to view a picture or videotape relating to a person named Ann. Balcinde was placed under arrest. Ds were charged with conspiracy to commit first-degree murder. Dent was also charged with solicitation of first-degree murder. Ds objected to the jury instruction defining the 'substantial step' element of a conspiracy. The court rejected the instruction proposed by Ds which defined 'substantial step' as 'more than mere preparation.' Ds were found guilty of conspiracy to commit first-degree murder. The Court of Appeals found that the trial court's instructions to the jury were proper and upheld his conviction. Ds appealed.