Appeals Court overturns Spokane man’s convictions from alleged machete attack

A Spokane man convicted of assaulting another man with a metal pipe and a machete had his three felony convictions vacated Thursday by appellate judges in a split decision, with the majority ruling that the trial judge should have allowed a defense attorney to question a witness about whether the victim was armed at the time of the attack.

The ruling vacates the convictions of Deacon J. Wallette, 44, who was found guilty in 2016 of first-degree burglary, first-degree assault and felony harassment. After his conviction at trial, Superior Court Judge Michael Price sentenced Wallette to 16 1/2 years in prison.

The troubled history began Nov. 4, 2015, after Wallette got a ride to a local hospital from Michael Cowan so that Wallette could get treatment for a medical problem with his eye. The conflict started when Cowan ditched Wallette at the hospital.

Without a way home, Wallette sold his watch to pay for a cab. Two days later, Wallette sought out Cowan for reimbursement. An argument ensued and Wallette told police that Cowan pulled a knife and he grabbed a metal pipe to defend himself.

The two struggled and Cowan suffered a severely lacerated hand, which Wallette claimed came from Cowan’s own knife, and a blunt-force wound to his head.

Within an hour of the altercation, Wallette posted a photo on Facebook showing himself holding a machete with the comment: “Hes (sic) lucky to still be breatehn (sic),” according to court documents.

During the trial, Cowan claimed he was not armed and that the cut on his hand came from Wallette’s machete. A third man was inside the residence and was asked on the witness stand whether Cowan was armed prior to Wallette’s attack. At first the witness replied: “I believe Mike (Cowan) was.”

But he later testified that Cowan was not armed. When the defense attorney tried to question the witness, prosecutors objected and Price sustained, saying the witness had already said Cowan wasn’t armed.

Judge Price “precluded defendant Deacon Wallette from examining the witness as to his belief that the victim carried a weapon,” wrote appellate judge George Fearing. “We hold that Wallette was not afforded a meaningful right to a defense and reverse his convictions.”

Judge Kevin Korsmo dissented, saying he agreed that Wallette is entitled to a new trial on the issue of whether the victim was armed, but he objected to the decision on other grounds relating to jury instructions about whether Wallette could argue he acted in self-defense if he provoked the initial attack.

Spokane County Prosecutor Larry Haskell did not immediately return a phone call Thursday about whether his office intends to refile the felony charges against Wallette.