PORT ORCHARD — A Kitsap Superior Court jury on Friday convicted a jail inmate of first-degree burglary and unlawful imprisonment for escaping his cell and attacking a fellow inmate.
After deliberating for about three hours, the jury declined to convict David Kalac of attempted first-degree murder. The jury instead found him guilty of attempted fourth-degree assault for the Dec. 9 attack on Wayne Carlson, according to the Kitsap Sun (http://is.gd/NGLFnn ).
Kalac is in jail on first-degree murder charges in the strangulation death of his girlfriend, Amber Coplin, on Nov. 4. His has pleaded not guilty in that case. His trial is set for Aug. 3. The jury was not allowed to hear about those charges.
Kalac told jurors he didn’t intend to kill Carlson. He just wanted to fight him after Carlson insulted him within earshot of other inmates. The argument was that Carlson knew Coplin and had gone to Kalac’s cell and called him a murderer and rapist.
Both men said Kalac started the attack by pulling Carlson from his bunk. But Carlson said Kalac told him he was going to kill him, and that he bashed his head and choked him to near unconsciousness. Carlson said he was saved when corrections officers intervened.
In closing arguments, public defender Andy Anderson acknowledged that Kalac overreacted when he plotted and attacked Carlson.
Prosecutors argued against the assault charge being included. Fourth-degree assault is the least serious assault in state law, and it is commonly defined as offensive and unwanted touching. Judge Bill Houser allowed it to be included.
Prosecutor Tina Robinson said she was not surprised the jury declined to convict Kalac of attempted murder when they were prevented from hearing the substance of the argument and why Kalac was in jail.
“Based on the evidence presented, I think it was just difficult for the jury to understand the motive, and the motive didn’t make sense to them,” Robinson said.
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