Isaac J. Gusman was found not guilty Thursday afternoon on four of the five charges against him related to the reported attempted kidnapping of a woman in Montesano in late May.
On the charges of first- and second-degree kidnapping and first- and second-degree attempted kidnapping, Superior Court Judge Ray Kahler found Gusman, 41, not guilty. Kahler cited what he considered to be a lack of proof beyond a reasonable doubt that Gusman at any time used a weapon of any kind or threatened to use deadly force against the victim, a requirement for a guilty verdict for those offenses, he said.
The prosecution had alleged that Gusman used a handgun in the commission of this crime. However, Kahler said at no time during the trial did he find definitive proof that a handgun or other deadly weapon was used. He said the victim was able to give a full physical description of the suspect down to the clothing he was wearing, but could not give a description of a weapon.
According to the Revised Code of Washington, “it is a defense (for kidnapping in the second degree) if the abduction does not include the use or intent to use or threat to use deadly force.”
Gusman was found guilty of unlawful imprisonment. Kahler found the victim’s testimony convincing, along with that of the witnesses and investigators who observed the victim moments after the attack, including witnesses who heard screams and one who saw the victim running down the street with arms flailing.
Gusman’s attorney, David Arcuri, asked to discuss terms of Gusman’s release immediately after the verdict, with appropriate no-contact orders, noting the maximum sentence his client was facing is three months. Gusman has been in custody since his May 22 arrest.
Prosecutor Katie Svoboda said because Gusman has no fixed address and no known supervision he should remain in custody until his sentencing, which is set for Monday, Aug. 27. Gusman will remain in the county jail until sentencing.
Reaction
AnnMarie Shuck, the victim in the case, wept after Kahler read his verdict. Gusman showed little emotion throughout the proceedings.
After The Daily World published the verdict on its Facebook page and web site, reaction was swift, most of it expressing outrage at the verdict. Because it was a bench trial, decided solely by a judge, much of the ire went toward Kahler, while others put the blame on Svoboda.
The next day, AnnMarie’s mother, Holly, spoke to The Daily World and shared her thoughts on the case.
“I think the main thought I have here is that our community certainly pulled together and helped each other out,” she said. “All the tips, the way he was found and caught, it is because of how we all came together. Local law enforcement stepped in and put him away, then the judge comes in.”
Holly was unable to attend the reading of the verdict but did attend both days of the trial. She said her main concern now is for the safety and well-being of her daughter, who she said Friday was “doing all right.”
AnnMarie took to her own Facebook page after the verdict and expressed her thoughts on the verdict.
“Today was hard,” she wrote. “After spending the last couple of days in court testifying and listening to many others testify the judge gave a verdict no one was expecting.”
She continued: “It is hard for any of us to understand how the judge came to this conclusion, but there is not anything we can do to change it. The prosecutor as well as the Montesano Police Department and the Grays Harbor County Sheriff’s Office did everything in their power to bring this man to justice and have been amazing in the process. I can’t thank them enough for what they have done for me.”
Both Holly and AnnMarie fear for the safety of their community with Gusman’s pending release.
“If you live in Montesano or the surrounding areas, watch out. This man will be back on the streets as of Aug. 27,” wrote AnnMarie.
Holly said she hopes that some good could come out of the entire situation.
“I hate that it happened to begin with, but am glad she was strong enough to get away,” she said, adding she feared the outcome if the intended victim had been a smaller, younger person less able to defend herself.
“The silver lining in this is to open everybody’s eyes to what maybe needs to be some new legislation” regarding what constitutes kidnapping and attempted kidnapping in state statute, she said. “And the fact the judge is up for re-election.”
When contacted by The Daily World on Friday, Kahler said provisions, or canons as they are called, in the Washington code of judicial conduct, which was established to ensure judges maintain the integrity and impartiality of the judiciary, do not allow him to comment on his decision. However, as he pointed out, the reasons for his decision were spelled out in his reading of the verdict in open court Thursday.
