Jury acquits Downey of courtroom harassment

A superior court jury Monday acquitted Frederick Downey of a charge of harassment. The Downey case was unusual because it involved a crime which allegedly had taken place in the courtroom while Downey was being sentenced for an earlier conviction.

The one-day trial related to a hearing last Sept. 23 when Downey, 63, Pullman, was sentenced to 67 days in jail for attempted burglary of the Pufferbelly Depot the previous January in Pullman.

During Downey’s Sept. 23 sentencing, Prosecutor Denis Tracy advised the court that Downey could face another round of charges based on allegations he had made threats against Dr. Dean Funabiki in the courtroom just before the hearing.

Downey was subsequently charged with harassment and intimidation of a witness. The investigation report filed with the case said Dr. Funabiki reported Downey had threatened to kill him while Downey was walking around the courtroom just before he went to the defense table for sentencing which was done that day by Judge Pro-tem Gary Libey.

Dr. Funabiki was present in the courtroom that day after being advised that Downey would be sentenced after he had pleaded guilty Sept. 9 to attempted burglary of the Pufferbelly as part of a plea bargain agreement.

Described by Prosecutor Denis Tracy as a smash and grab burglar, Downey had originally also been charged with breaking into Dr. Funabiki’s office at the Professional Mall in Pullman. Under terms of the Sept. 9 plea bargain, the burglary charge involving Dr. Funabiki’s office had been dropped, but Downey had agreed to pay restitution to Dr. Funabiki for damages to the office and missing cash. The restitution amount of $2,058 was ordered paid at the Sept. 23 sentencing.

Dr. Funabiki, Pullman Officer Mike Law and Megan Antoni testified for the state in Monday’s trial. Antoni is the daughter of Dan Antoni, owner of the Pufferbelly Depot in Pullman. She and her father testified as victims Sept. 23 when Downey was sentenced for the attempted burglary at the depot.

Tracy dropped the intimidation charge against Downey before the trial and an agreed statement on the Sept. 23 status of Dr. Funabiki, who did not testify at the sentencing, was presented to the jury before its deliberation on the remaining harassment charge.

Downey Monday did not testify, and Defense Attorney Steve Martonick did not call witnesses but argued the state had not presented sufficient evidence to prove the remaining harassment charge.