Charlestown/Avalon shooting: Victim leaves hospital; suspect’s plea

(April 1 photo by Christopher Boffoli for WSB)
Two and a half weeks after two people shot each other during what police described as a robbery attempt, we’ve learned that the victim is out of the hospital. 27-year-old Rick Powell is the town-car driver found on Charlestown just off Avalon with life-threatening gunshot wounds late the night of April 1st; the man police say shot him during a robbery attempt, 19-year-old Juan Garcia-Mendez, was found with less-serious wounds about a mile away. In King County Superior Court today, Garcia-Mendez pleaded not guilty to first-degree assault; he remains jailed in lieu of $1 million bail, with another hearing set for early June. Meantime, this online update says Powell was released from the hospital last Friday; as you can see on the right side of that page, friends are still raising money to help with his medical expenses. They also have set up a web page at rickrighteous.com – after his stage name as a musician – as a reference page for benefits, both one-time and ongoing.

Nick April 18, 2013 (4:58 am)

Wonder why the suspect was charged with assault but not attempted murder…

Jen April 18, 2013 (10:21 am)

I believe it has to do with intentions… like the difference between first and second degree murder. First degree is premeditated, while second degree is described as a crime of passion. The intention was the rob the guy… just a guess. I’ve been wrong before.

a April 18, 2013 (10:21 am)

So if you rob someone and shoot them in the process that is not attempted murder? I’m no lawyer but this sounds like attempted murder to me. Can someone explain to me why he is charged with assault and not attempted murder? Great news that the victim was released from the hospital! I pray the piece of chit that did this gets at least 25 years but I’m worried with our broken system he will be out in under 10.

WSB April 18, 2013 (10:54 am)

Definitions are here. Even if not premeditated, it could be second-degree, but IF there was an intent to kill, which prosecutors might not have felt they could prove:
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http://law.onecle.com/washington/washington-criminal-code/ch9a.32.html

Jeff April 18, 2013 (12:51 pm)

My understanding is that first degree assault carries the same punishment as attempted murder but is easier to make the charges stick.

oz April 18, 2013 (3:34 pm)

like jen and the wsb said its intent if you go into something intending to murder and dont its attempted murder. if you attempt to rob and someone gets hurt thats assault. its all in the intention.

anomie25 April 19, 2013 (3:21 pm)

Love the follow up and follow through. Any word on the attack on the runner and on the Schmitz Park sighting? There’s concern regarding the genuineness of these reports. Obviously, WSB has an obligation to report the news as it develops. No one wants to question the victim. But both incidents have some credibility issues and it would be nice to know whether the cases are still open and if the police have any solid leads.

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