- Lewis County Sirens.com - https://lewiscountysirens.com -

Manslaughter conviction upheld for Onalaska man who opened fire upon suspected burglars

Updated at 1:25 p.m.

By Sharyn  L. Decker
Lewis County Sirens news reporter

The Onalaska man imprisoned after he fatally shot a suspected burglar outside his house three years ago has lost his appeal.

A panel of three judges upheld the manslaughter conviction of Ronald A. Brady in their opinion filed yesterday.

Brady, 60, was sentenced to just over five years for the death of 56-year-old Thomas McKenzie of Morton.

Through his attorney, Brady appealed on several grounds, including his contention the court erred when it refused to give his proposed jury instruction on the right to resist a felony.

Brady’s attorney argued self defense in the summer 2011 trial in Lewis County Superior Court and Brady avoided a first-degree murder conviction, but the jury found him guilty of second-degree manslaughter. He was acquitted of an assault charge upon McKenzie’s wife, Joanna McKenzie.

Brady admitted shooting at the pair outside his house he was renovating on the 2100 block of state Route 508, describing to deputies opening his garage door and finding flashlights shined in his face. He also testified he was firing at the truck to keep it from leaving.

He told sheriff’s detectives he was staying overnight at the unoccupied house in case burglars from earlier in the day returned. Brady resided in a nearby rental home.

The Washington State Court of Appeals stated the facts of the case did not support such an instruction, as any felony that may have been committed did not pose an immediate threat of death or great bodily harm to Brady.

The only crime being committed at the time he opened fire with a .22 rifle was criminal trespass, the judge’s stated.

Among the judges’ references was a 1955 case and decision saying that a homicide committed while resisting the commission of a felony is not justified “unless the attack on the defendant’s person threatens life or great bodily harm.”

The decision was authored by Judge Christine Quinn-Brintnall, with Judge Thomas R. Borgen and Judge Jill M. Morgan concurring.

•••

For background, read “Breaking news: Onalaska murder trial: Guilty of second-degree manslaughter” from Friday June 24, 2011, here [1]

Read the decision [2]