Man’s conviction is his third strike
Anthony James Williams beat a first-degree robbery charge Wednesday, but it did him no good.
The jury that rejected the robbery charge convicted Williams, 32, of second-degree assault, and it might as well have convicted him of aggravated murder. The assault was Williams’ final “strike” under Washington’s “three-strikes” sentencing law.
Williams faces a mandatory penalty of life in prison without possibility of parole when Spokane County Superior Court Judge Neal Rielly sentences him on Sept. 26.
State law allows no more chances for criminals who are convicted of a third serious, violent crime such as the second-degree robbery and second-degree assault convictions already on Williams’ record.
Assistant Public Defender Jeff Leslie had hoped to persuade the jury in Williams’ three-day trial that he was guilty of fourth-degree assault when he beat Richard M. LaFortune on a downtown street Feb 1.
According to court documents, Williams and his brother, 17-year-old David R. Williams, beat and robbed LaFortune while he was walking on Second Avenue, near Broad Street, about 1:25 a.m. David Williams is scheduled for trial next week in adult court.
LaFortune testified he had been offering food to people on the street because he was moving and couldn’t take it with him. He said the Williams brothers accused him of showing disrespect when he asked whether they wanted some food, and Anthony Williams knocked him down with a blow to the head.
David Williams allegedly kicked LaFortune and stomped on his head and chest while he was down. LaFortune said his assailants took his money – $18 – and tried to steal his coat and shoes before police arrived and the suspects fled.
The suspects were chased to the roof of a building at 164 S. Washington St., where police said David Williams surrendered and Anthony Williams continued to resist. Police said Anthony Williams, realizing he was trapped, turned and advanced on an officer.
Williams refused to get down or remove his hands from his coat pockets, but finally stopped when he got near the officer. At that point, the officer kicked Williams down and arrested him, authorities said.
Leslie argued that that LaFortune was an unreliable witness – an admitted methamphetamine user with convictions for second-degree robbery and third-degree theft. The food LaFortune said he was offering couldn’t be found, and a witness said LaFortune had none just a few minutes before he was attacked, Leslie noted.
He argued that LaFortune wasn’t robbed, and suffered only a fourth-degree assault – which would not have counted as a third strike against Anthony Williams. But Williams didn’t testify, and Leslie gave jurors no explanation for an assault of any kind.
Arguing for a robbery conviction, Deputy Prosecutor Eugene Cruz said it was unreasonable to suppose that the defendants had no motive except that LaFortune “deserved a brutal beating.”