Automated Summary
Key Facts
Raya Leon was convicted of second-degree felony murder following a conspiracy to traffic stolen firearms and ammunition. The group, including Leon, his brother Guillermo, and Misty, stole 27 firearms and 30,000 rounds of ammunition from a storage unit in 2021. They evaded law enforcement during a high-speed chase, and Guillermo shot and killed Clark County Sheriff's Office Deputy Jeremy Brown while confronting a police vehicle in Vancouver, Washington. Leon admitted to knowing the firearms were stolen and participating in the plan to sell them. The conviction was upheld based on the felony murder rule, which holds conspirators strictly liable for deaths occurring during the commission of a predicate felony.
Issues
- The second issue concerns the inclusion of Raya Leon's Oregon conviction for unlawful use of a vehicle in his Washington offender score. Raya Leon contended the out-of-state conviction was not legally or factually comparable to Washington's possession of a stolen vehicle statute. The court determined that while the statutes were not legally comparable, Raya Leon's conduct (operating a known stolen vehicle) was factually comparable to Washington's law. His guilty plea explicitly acknowledged knowing the vehicle was stolen, satisfying the elements of possession under RCW 9A.56.068. The court affirmed the trial court's inclusion of the Oregon conviction in the offender score calculation.
- The first legal issue is whether the State proved beyond a reasonable doubt that Raya Leon committed second degree felony murder under Washington law. Raya Leon argues he did not kill Detective Brown or act with knowledge that he facilitated the murder, and that the Pinkerton doctrine of reasonable foreseeability should apply. The court rejected the Pinkerton doctrine, holding that Washington's felony murder rule does not require proof of foreseeability or accomplice liability for the homicide itself. The court affirmed the conviction, finding sufficient evidence that Raya Leon participated in the underlying conspiracy to traffic stolen firearms, and that another participant (Guillermo) caused the death during the commission of the felony.
Holdings
- The court determined Raya Leon's Oregon conviction for unlawful use of a vehicle was factually comparable to Washington's possession of a stolen vehicle statute, as his guilty plea demonstrated knowledge of operating a stolen vehicle. The trial court properly included this conviction in calculating his offender score.
- The court affirmed Raya Leon's second-degree felony murder conviction, holding that sufficient evidence showed he conspired to traffic stolen firearms and ammunition, and another participant (Guillermo) caused the death of a police officer during the commission of the felony. The court rejected Raya Leon's argument that the Pinkerton doctrine should apply, noting Washington law does not recognize it for vicarious liability in felony murder cases.
Remedies
The court affirmed Raya Leon's conviction for second degree felony murder and his 325-month sentence, which included a 60-month firearm enhancement. The decision upheld the trial court's calculation of his offender score, which incorporated his Oregon conviction for unlawful use of a vehicle as factually comparable. The court rejected Raya Leon's request to adopt the Pinkerton doctrine and found sufficient evidence to support the felony murder charge.
Legal Principles
- The Washington Supreme Court has explicitly held that the Pinkerton doctrine, which limits vicarious liability to foreseeable acts of co-conspirators, is inapplicable to Washington law. This court declined to adopt Pinkerton, relying on precedent that Washington's felony murder rule does not require foreseeability for liability.
- In Washington, individuals are strictly responsible for deaths resulting from the commission or attempted commission of a felony. The felony murder rule holds participants strictly liable for homicides committed by co-participants during the underlying felony, without requiring proof of intent to kill or knowledge of the homicide. The mens rea for felony murder is based solely on the mens rea for the predicate offense, not the homicide itself.
Precedent Name
- State v. Arndt
- State v. Kosewicz
- State v. Dennison
- State v. Carter
- State v. Tewee
- State v. Bolar
- State v. Thiefault
- State v. Stein
- Pinkerton v. United States
- State v. Leech
Cited Statute
- Washington State Criminal Code – Possession of Stolen Vehicle
- Sentencing Reform Act of 1981 – Foreign Conviction Comparability
- Washington State Criminal Code – Trafficking Stolen Property
- Washington State Criminal Code – Felony Murder Rule
- Washington State Criminal Code – Conspiracy
Judge Name
- Judge Glasgow
- Judge Veljacic
Passage Text
- Additionally, because Raya Leon's out-of-state conviction is factually comparable to a Washington statute, the trial court properly included the out-of-state conviction in its calculation of Raya Leon's offender score.
- Because the Washington Supreme Court has held that the Pinkerton doctrine is inapplicable to Washington law, we decline Raya Leon's request to adopt the Pinkerton doctrine.
- Because the evidence shows that Raya Leon conspired to commit trafficking in stolen property, and that another participant in the conspiracy, Guillermo, caused the death of Detective Brown in furtherance of that conspiracy, we hold sufficient evidence supports Raya Leon's conviction for second degree felony murder.