IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, No. 81577-6-I Respondent, DIVISION ONE v. UNPUBLISHED OPINION JAMES GARLIED DUTCHER, Appellant. ANDRUS, A.C.J. — James Dutcher appeals his jury conviction for possession of a stolen vehicle. For the first time on appeal, Dutcher claims that the trial court erred by failing to remove an allegedly biased juror and failing to issue an order excluding witnesses under ER 615. We conclude that the juror did not exhibit actual bias and that Dutcher waived his witness exclusion claim. Dutcher also argues that defense counsel was ineffective in failing to (1) challenge the allegedly biased juror, (2) move to exclude witnesses, (3) procure a key witness, and (4) convey the State’s plea offer. We conclude that Dutcher failed to demonstrate that his trial counsel was deficient or that he suffered prejudice. We therefore affirm his conviction. No. 81577-6-I/2 FACTS On September 23, 2017, Andrei Shustov was sleeping in his office on the fourth floor of a commercial building in Lynnwood when he was awakened at about 5:30 am by the loud noise of an engine running outside. When Shustov looked out the window, he saw that his motorcycle—which had been parked outside—was now lying on its side in the bed of a light blue pickup truck that was driving away. Shustov’s motorcycle had a GPS device that allowed him to track its location using his phone. Shustov jumped in his car, called 911, and attempted to follow the pickup truck. As law enforcement vehicles converged in the area, the tracker showed the truck leaving the main road and turning into a residential neighborhood. Officer Joshua Magnussen observed Shustov parked on the side of the road and made contact. Watching the tracker, Officer Magnussen broadcast live location updates to the other responding officers. The tracker showed the truck taking multiple turns before stopping at a cul-de-sac. A few minutes later, Officer James George intercepted an older pickup truck with a blue and yellow motorcycle lying in the rear bed. Officer George did not see anyone else in the area. Dutcher exited the truck and sat on the front bumper. Officer George observed a roll of thin green rope on the driver’s seat of the truck, which appeared to be the same rope used to partially secure the motorcycle. Officer George arrested Dutcher and questioned him about the motorcycle. Dutcher initially claimed that he did not know how the motorcycle got in his truck. Dutcher then said that a friend helped him move the motorcycle. He then said 2 No. 81577-6-I/3 multiple friends were involved. When Officer George asked for their names, Dutcher responded that “his friends’ names [weren’t] important.” Officer Magnussen transported Shustov to the scene of the arrest. Shustov observed damage to the motorcycle’s body and ignition, which he said was not there prior to this incident. Shustov also confirmed that he did not know Dutcher and did not give him permission to take the motorcycle. The State charged …
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