State Of Washington v. Rajabu Hakizimana

FILED
COURT OF APPEALS DIV I
STATE OF WASHINGTON
20I7JUL 31 AN 9:57
IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
THE STATE OF WASHINGTON, ) No. 74746-1-1
)
Respondent, )
) DIVISION ONE
v. )
)
RAJAB HAKIZIMANA ) UNPUBLISHED OPINION
AKA RAJABU HAKIZIMANA, )
)
Appellant. ) FILED: July 31, 2017
)
MANN, J. — Rajabu Hakizimana was convicted of felony harassment. He appeals
his conviction arguing that the First Amendment required the State to prove that he
subjectively intended to cause the victim fear of bodily injury or death. Consistent with
State v. Trey M., 186 Wn.2d 884, 383 P.3d 474(2016), we affirm Hakizimana's
conviction.
FACTS
Bebe Renzaho, who is from the Democratic Republic of the Congo, came to the
United States in December 2014, after spending eight years in a refugee camp in
Malawi. Renzaho and her husband, Floribent Mubalama, live in Sea Tac with their
three children.
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In August 2015, Hakizimana, who is a refugee from Burundi, relocated to
Washington and was placed with Renzaho and Mubalama by a relief organization.
Renzaho and Mubalama had never met Hakizimana before he moved in with them.
Hakizimana's hands had been severed at some point before relocating. Despite his
disability, Hakizimana was able to care for himself. He could light cigarettes, bathe
himself, shave, tie his shoes, and eat with utensils.
During the next month, Hakizimana made several statements that concerned
Renzaho. Hakizimana told Renzaho that as a police officer in Burundi he had killed
many people and could kill or rape anybody he chose. One night, while Renzaho was
away from the home visiting a friend, she spoke with Hakizimana by telephone.
Hakizimana told Renzaho that he had dreamt that he raped a woman that he lived with.
Renzaho told Hakizimana to never do that in her home, and Hakizimana said he would
not. When Renzaho's husband was away at night working, Renzaho would lock herself
and her children in her bedroom.
Hakizimana was not happy about living with Renzaho and Mubalama and often
demanded that Mubalama speed up the process of helping him to acquire his own
housing. One evening while Mubalama was away, Renzaho again demanded his own
housing. He told Renzaho that her husband needed to make more of an effort to assist
him in finding housing. When Renzaho told him to be patient, Hakizimana became
furious. Renzaho called Mubalama to get him to try to calm Hakizimana down.
Hakizimana refused to speak with Mubalama; Mubalama told Renzaho to call 911 if the
situation worsened.
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Hakizimana did not calm down; instead he told Renzaho that if her husband was
not going to make an effort to get him a house he was going to "kill someone right now
and I'm going to burn this house down." Hakizimana then stood up, went to the kitchen,
picked up a dirty knife in the sink, washed it, and turned to face Renzaho holding the
knife. Renzaho thought she was going to die "because 1 remembered the things that he
had told me,that he can kill, that he can rape, so I just knew that this is it." Renzaho
immediately collected her children and fled the house. Renzaho called the police.
When the police arrived, Hakizimana walked out of the residence carrying a knife
between his arms and chest. The officers chased him, and when Hakizimana was
detained, he placed the knife down on the step he was standing on and was arrested.
Hakizimana was charged with felony harassment. A jury convicted Hakizimana
as charged. Before sentencing, Hakizimana moved to arrest judgment, arguing the
State failed to present sufficient evidence that Hakizimana subjectively knew that
whatever conduct he took was communicating an intent to kill Renzaho. The trial court
denied the motion.
ANALYSIS
Hakizimana was convicted of felony harassment under RCW 9A.46.020(1)(a)(i)
and (b). Felony harassment requires a threat to kill. Laws which criminalize pure
speech must be "interpreted with the commands of the First Amendment clearly in
mind." Watts v. United States, 394 U.S. 705, 707,89 S. Ct. 1399, 22 L. Ed. 2d 664(1969). Thus,"true threats" must be distinguished from threats that constitute protected
speech. Watts, 394 U.S. at 707.
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In State v. Williams, 144 Wn.2d 197, 207-08, 26 P.3d 890(2001), our Supreme
Court defined a "true threat" as "a statement made 'in a context or under such
circumstances wherein a reasonable person would foresee that the statement would be
interpreted... as a serious expression of intention to inflict bodily harm upon or to take
the life of [another individual]." Williams, 144 Wn.2d at 207-08 (quoting State v.
Knowles, 91 Wn. App. 367, 373, 957 P.2d 797(1998)). Washington courts have
consistently relied on the objective (reasonable person) test since its adoption in
Williams. Trey M., 186 Wn.2d at 894.
Hakizimana argues that we should reject the objective test and instead "hold that
a person may not be convicted of issuing a "true threat" unless the State proves the
speaker subjectively intended to place the victim in fear of bodily harm or death."
Hakizimana contends the U.S. Supreme Court decisions in Virginia v. Black, 538 U.S.
343, 123 S. Ct. 1536, 155 L. Ed. 2d 535(2003) and Elonis v. United States, 135 S. Ct.
2001, 2012, 192 L. Ed. 2d 1 (2015) call into question the constitutionality of the
objective standard for assessing "true threats." Hakizimana maintains that according to
Black and Elonis, in order to comply with the protections granted by the First
Amendment, a person may not be convicted of issuing a "true threat" unless the State
proves the speaker subjectively intended to place the victim in fear of bodily harm or
death.
Since Hakizimana filed his appeal, our Supreme Court addressed the precise
argument raised in this appeal. In Trey M,the Court held:
We reject the invitation of appellant and amicus to abandon this court's
settled precedent, which applies an objective (reasonable person) test in
determining a true threat for First Amendment purposes. Appellant does
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not convince us that either the Supreme Court's recent decision in Elonis
or its previous decision in Black require such a change.
Trey, 186 Wn.2d at 908.
We are bound by the decisions of our state Supreme Court and err when we fail
to follow it. Buck Mountain Owner's Ass'n v. Prestwich, 174 Wn. App. 702, 716, 308
P.3d 644 (2013); State v. Watkins, 136 Wn. App. 240, 246,148 P.3d 1112(2006).
Accordingly, we hold the trial court did not err in this case because the jury instructions
correctly identified the elements of the harassment statute and the legal definitions
necessary for the jury to properly apply it.1
We affirm.
4414444 if.
WE CONCUR:
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I Hakizimana also briefly argues that the trial court erred in denying his motion to arrest judgment,
maintaining the state failed to present sufficient evidence. At trial, the motion asserted the State failed to
demonstrate Hakizimana's subjective intent. As such proof was not required, we find the trial court did
not err in denying this motion.
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