Posted by Rick on 10/29/07

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Charge: Malicious Mischief in the 3rd Degree (WA State)

Subjective Findings:

Defendant was a passenger in a vehicle that had recently
merged off the freeway onto an offramp where traffic
merged from 3 directions. The defendant merged into the
center lane, and eventually into the leftmost lane. A
private tourbus was behind the defendant, and according to
the defendant, the tourbus attempted to pass the defendant
on the lefthand shoulder while stuck in traffic, which
resulted in the tourbus forcing the defendant's vehicle
into the righthand lane of the road, nearly causing an
accident. The defendant claims he was afraid for his
safety as well as the safety of the driver, and the
vehicle. As the tourbus continued to merge into the
vehicle the defendant left the vehicle, and hit the side
window of the tourbus in an attempt to gain the attention
of the driver so that an accident would not occur. The
side window of the tourbus broke as a result of the
defendant hitting it. The defendant went back to the his
vehicle. The tourbus operator stopped his vehicle ahead,
and allowed one passenger out of the vehicle to come back
towards the defendants vehicle. The defendant again left
his vehicle, again afraid for his safety. Upon exiting his
vehicle 6 more passengers were let off the tourbus and
allowed to approach the defendant. The defendant and the 7
passengers shouted at each other, until the passengers and
the defendant got back into their respective vehicles.

The defendant called the police to make a report
immediately. The tourbus continued to drive, until they
could stop and make a report to local police. Local police
arrived and took a statement. Upon boarding the bus, the
police noted many beer cans within the tourbus, as the
passengers were drinking and heading to a football game.

The defendant has a medical hx of PTSD as a result of
being in Iraq with the Army.

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The question is, is it possible to get this case
dismissed, using diminished mental capacity for PTSD?. Or,
is there an easier way that might be an option based on
the circumstances? The defendant didn't have knowledge
that he would cause damage to the vehicle, neither did he
have malicious intent as he was scared for his well being,
and attempting to gain the attention of the motorcoach
driver.

PTSD Defense to Malicious Mischief, 10/29/07, by Rick.

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