IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) No. 82054-1-I ) Respondent, ) DIVISION ONE ) v. ) PUBLISHED OPINION ) CESAR CHICAS CARBALLO, ) ) Appellant. ) ) HAZELRIGG, J. — Cesar Chicas Carballo and his co-defendant were both convicted of first degree murder and conspiracy to commit first degree murder following a joint jury trial. The co-defendant’s girlfriend was the key witness in the State’s case and provided a detailed account of the crime and its planning. Requests from both defendants to cross-examine her about her immigration status as it related to a possible motive to lie were considered in the context of ER 413, but denied. Chicas Carballo appealed, arguing the court improperly allowed un- redacted statements by his co-defendant in violation of Chicas Carballo’s right to confrontation under United States v. Bruton.1 He further asserts that the denial of his request to explore immigration matters as to this critical witness violated his Sixth Amendment right to present a defense. Because the court’s rulings on the 1 391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. 2d 476 (1968). No. 82054-1-I/2 ER 413 issue constitute reversible error, we need not reach Chicas Carballo’s other challenges on appeal. We reverse and remand for a new trial. FACTS In April of 2016, a couple saw a body on a street in Tacoma and called 911. Police responded to the area soon after and located a man, later identified as Samuel Cruces Vasquez, bleeding heavily, but alive. There was a sport utility vehicle (SUV) parked nearby that was still running with its driver door open and blood inside the vehicle. There was also a butterfly knife on the ground, blue latex gloves inside the SUV, and a shoe pinched between the SUV and another vehicle. Cruces Vasquez was later pronounced dead at the hospital. About three weeks after the incident, a witness contacted police and told them what he had observed. The witness explained that he was driving when someone exited a car and signaled for him to stop. He stated that he kept driving out of safety concerns. He looked in his rearview mirror as he drove away and saw two people emerge from the vehicle. He said one of them beat the person who had signaled him to stop. Surveillance footage from a nearby business captured some of the events that night. In one video, a woman, later identified as Mayra Karina Calderon Flores,2 could be seen walking on the street and another individual later walked to the SUV. After that, there appeared to be movement inside the SUV. Cruces Vasquez could be seen exiting the SUV and was then run over by an unidentified 2 Ms. Calderon Flores is referred to as Flores throughout the record. For clarity, we will use that portion of her last name to identify her as well. -2- No. 82054-1-I/3 car. The autopsy revealed Cruces Vasquez had been stabbed eight times and suffered blunt trauma …
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