Update Pt.2 (Continued) "Statement of Additional Grounds"

 

Statement of Additional Grounds

 

Issues:

 

Where the elements of RCW 9.35.020 (1) met at the time the appellant was charged?

 

Argument:

 

The crime of identity theft has four elements,

 

1.The defendant knowingly used a means of financial information or identification of another person.

 

2.The defendant did so with the intent to commit any crime.

 

3.The defendant knew the means of identification belonged to another person.

 

4.The acts occurred in Washington.

 

Facts:

 

On March 27, 2023,

 

1. R.S reported he believed a vehicle was fraudulently purchased two days prior from L.K.L.M on March 25, 2023.

 

2. S, description of the unknown suspect was a black male, mid to late twenties.

 

3.Upon arrest, there was no positive identification of the appellant by S or dealership employees as the signatory and receiver of property in question.

 

4. S, provided no signed:

 

     4.1. Financing Agreement

 

     4.2. Loan Paperwork

 

     4.3. Vehicle Application

 

     4.4. Borrowed Car Agreement

 

     4.5. Insurance Policy

 

     4.6. Video of appellant or transaction

 

5.The appellant was arrested in Auburn then transferred into pierce county custody.

 

March 28, 2023

 

1.Deputy Prosecuting Attorney, M.N Thomas charged appellant with:

 

     1.1. Identity theft in the first degree

 

     1.2. Theft of a motor vehicle

 

     1.3. Unlawful possession of fictitious identification

 

2.NCFF (No charges filed finalized) RCW. 9A.56.320 (4)

 

Conclusion:

 

Did the prosecution abuse their discretion to charge by bringing charges whose elements were not supported by probable cause against the appellant?

 

Did prosecuting attorney Thomas perjure himself?

 

1NF@MOUS!

Appellant

Dated: April 14, 2025