BINSCHUS v. STATE, DEPT. OF CORRECTIONS

No. 71752-9-I.

345 P.3d 818 (2015)

Fred BINSCHUS, individually and as Personal Representative of the Estate of Julie Ann Binschus; Tonya Fenton; Trisha Woods; Tammy Morris; Joann Gillum, as Personal Representative of the Estate of Gregory N. Gillum; Carla J. Lange, individually and as Personal Representative of the Estate of Leroy B. Lang; Nicholas Lee Lange, Individually and as Personal Representative of the Estate of Chester M. Rose; Stacy Rose, Individually; Richard Treston and Carol Treston, and the marital community thereof; Ben Mercado; and Pamela Radcliffe, individually and as Personal Representative of the Estate of David Radcliffe, Appellants, v. STATE of Washington, DEPARTMENT OF CORRECTIONS; Skagit Emergency Communications Center d/b/a "Skagit 911," an interlocal government agency; Skagit County, a political subdivision of the State of Washington; Okanogan County, a political subdivision of the State of Washington, Respondents.

Court of Appeals of Washington, Division 1.

February 23, 2015.


Attorney(s) appearing for the Case

Eugene Ronald Moses , Law Offices of Gene R. Moses P. S., Dean Ralph Brett , Brett Murphy Coats Knapp McCandlis Brown, Bellingham, WA, W. Mitchell Cogdill , Attorney at Law, Everett, WA, Nathan Paul Roberts , John Robert Connelly Jr. , Connelly Law Offices, Tacoma, WA, Jaime Drozd Allen , Davis Wright Tremaine LLP, Jeffrey Duane Dunbar , Ogden Murphy Wallace PLLC, Philip Albert Talmadge , Talmadge/Fitzpatrick, Seattle, WA, for Appellants.

Mark Richard Bucklin , Keating Bucklin & McCormack Inc. PS, Seattle, WA, for Defendant.

Mark Richard Bucklin , Keating Bucklin & McCormack Inc. PS, Paul J. Triesch , Attorney General's Ofc., Joshua Choate , Office of the Washington State Attorney, Seattle, WA, A.O. Denny , Skagit County Prosecutor's Office, Mount Vernon, WA, Christopher Joseph Kerley , Evans, Craven & Lackie, P.S., Spokane, WA, John Edward Justice , Law Lyman Daniel Kamerrer et al, Olympia, WA, for Respondents.


¶ 1 On September 2, 2008, Isaac Zamora killed six people and injured several others. Shortly before the tragic incident, Zamora had been incarcerated in Skagit County and Okanogan County Jails for committing non-violent crimes. At the time of the shooting, Zamora was experiencing a psychotic episode.

¶ 2 The estates...

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