Published on February 4th, 2010

Two Dillingham juries bring guilty verdicts

By BRISTOL BAY TIMES STAFF

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A Dillingham jury, on Jan. 22, found Milan Harvey King guilty on charges of assault in the first degree and assault in the second degree for an attack that occurred on Oct. 24. The convictions will merge for sentencing, according to a news release from the district attorney's office in Dillingham.

The district attorney said on Oct. 24, King assaulted a victim with a small pocket knife after the victim brought him home from a bar. King refused to go inside and wanted to sleep in a car. The two argued, and King punched the victim. The victim punched back in self-defense. Family members called the police, who arrived with lights and sirens.

The first officer on the scene saw the attack begin before he could get out of his car, the press release said. King charged the victim, backing him into a fence and repeatedly stabbing him with a small pocketknife while holding him in a headlock. The knife struck the victim several times, cutting him on the head and face.

The police officer had to use pepper spray to convince King to release the victim. A second police officer administered first aid to the victim. The victim was transported to Kanakanak Hospital by Dillingham Volunteer Emergency Medical Services. He suffered multiple lacerations on the scalp and face, some requiring stitches, the press release said.

In the trial King was represented by Lisa Kelly of the public defender's office, although King argued with the court on his own that he was denied his "assistance of counsel" under the Sixth Amendment by not allowing a person he desired to represent him to file motion and speak in court.

A representation hearing had been held several weeks prior to the trial. King declined to represent himself and wanted a lawyer, but he wanted the lawyer to be the person who was not a licensed Alaska Bar member to represent him. The court denied this request on several occasions giving case law and information to the defendant.

According to the assistant district attorney Susan Mitchell, King was allowed breaks to call the person who he designated as his non-lawyer assistance of counsel during the course of the trial.

Kelly argued at closing that King felt his family was being threatened at the time and that he was acting in self-defense.

A sentencing date is set for 9 a.m. on May 21.

King filed a "pro per" motion to reconsider unlawful conviction to declare mistrial was on Jan. 25, according to the State of Alaska Court System's CourtView Web site search.

Sexual assault verdict

In an earlier trial, a Dillingham jury on Jan. 15 found Dale Andrews guilty of sexual assault in the second degree after a week-long trial.

According to a news release from the district attorney's office, evidence was presented that Andrews went into a back bedroom and had sex with the victim, who was under the influence of alcohol to the point of incapacitation.

Mark Cucci of the office of public advocacy represented Andrews.

A witness at trial said he came in and found Andrews leaving the bedroom with a look on his face that made him think something had happened. He found the victim and ejected Andrews from the premises. On the stand, the same witness revealed that there were two other women who came to assist the victim. These previously unknown witnesses were subpoenaed to court and interviewed on the stand by defense and prosecution prior to testifying.

According to the news release, both testified that the victim awoke when they were tending to her. They both testified the victim was significantly under the influence so that the person did not awaken until in the middle of being redressed. The victim was also unable to speak so to be understood, got up staggering and was easily pushed down to keep them from leaving the room.

The state was represented by Susan Mitchell, Dillingham assistant district attorney, who argued that Andrews had made a pass at the victim who rebuffed him, clearly letting him know there was no interest. Andrews then gave the victim more alcohol and then took advantage of the victim's incapacitation.

Cucci argued for Andrews that this was just drunk clumsy sex between two people, that the victim had consented but just didn't remember it.

The jury deliberated several hours before returning a unanimous verdict

Andrews is out on bail pending sentencing on May 7.

Bristol Bay Times Staff can be reached at editor@alaskanewspapers.com, or by phone at

 

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