FILED JULY 20, 2021 In the Office of the Clerk of Court WA State Court of Appeals, Division III IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION THREE STATE OF WASHINGTON, ) No. 37446-7-III ) Respondent, ) ) v. ) UNPUBLISHED OPINION ) PAVEL KANYUSHKIN, ) ) Appellant. ) PENNELL, C.J. — Pavel Kanyushkin appeals his convictions for vehicular homicide and failure to remain at the scene of a fatal accident. We affirm. FACTS On October 18, 2018, Marilyn Dhaenens was struck and killed by a vehicle while walking at the easternmost of two intersections between Country Vista Drive and Mission Avenue in Liberty Lake, Washington. Ms. Dhaenens had left home for her usual morning walk around 8:00 a.m. and was talking to her husband, Scott Dhaenens, over her cell No. 37446-7-III State v. Kanyushkin phone at the time she was struck. During their conversation, Mr. Dhaenens heard an engine rev and his wife say, “Oh my God.” 2 Report of Proceedings (RP) (Jan. 15, 2020) at 391. Then he heard a thump, moaning, and the sound of a vehicle’s exhaust trail off. Mr. Dhaenens kept trying to talk to his wife but all he could hear in response was mumbling. Mr. Dhaenens hung up and tried calling again but received a busy signal. He then immediately left home to look for his wife on the route he knew she normally took. At around 8:15 a.m., an individual traveling in the area discovered Ms. Dhaenens lying in the middle of the southbound lane of Country Vista Drive, about 50 feet south of its intersection with Mission Avenue. The individual called 911. First responders, law enforcement and Mr. Dhaenens arrived at the scene shortly thereafter. Ms. Dhaenens was taken by ambulance to Sacred Heart Medical Center. She later died from her injuries. The driver of the vehicle who hit Ms. Dhaenens did not remain at the scene and no one witnessed the incident. Law enforcement located two plastic clips a few feet north of where Ms. Dhaenens was found in the road. There were no braking or scuff marks on the road. However, given the location of Ms. Dhaenens, law enforcement believed the vehicle that struck her was traveling southbound on Country Vista Drive. While there were no direct witnesses, a man who had been walking along Country Vista Drive further south of where Ms. Dhaenens was struck reported seeing a dark red 2 No. 37446-7-III State v. Kanyushkin pickup truck with a table saw in its bed not long after the hit-and-run. The truck was revving its engine and appeared to be speeding. Surveillance footage from a nearby school revealed a red truck had traveled through the area. At least part of the truck’s body was lifted and there were items in the truck’s bed. Its exhaust was near the right rear tire, and a unique sticker appeared on the back window. Analysis of the surveillance footage indicated the truck was speeding. Officers soon began searching for …
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