Barajas convicted of attempted first-degree murder

43-year-old Othello man had meth, pot, cocaine in system when shooting at police officers

RITZVILLE — Police said Florentino Silva Barajas intended to kill them in a Feb. 27 gunfight, but he argued the shots were self-defense. An Adams County jury decided on Tuesday the 43-year-old Othello man was doing more than protecting himself that day and convicted him of two counts of first-degree attempted murder.

"The officers were fired upon and shot at. Had it not been for a bullet proof vest, there would probably be one officer that wouldn't be with us today," Adams County Prosecutor Randy Flyckt said shortly after the verdict was announced. "They had to return fire for their own safety."

Flyckt said he was pleased with the result of the two-week trial.

"Local law enforcement is pleased and I expect the community is," he said. "The verdict probably carries great significance to any law enforcement officer."

Lincoln County Superior Court Judge Philip W. Borst set sentencing for Jan. 12.

The Adams County judge was removed from the case through an affidavit of prejudice filed against him by Barajas' defense attorney Dennis Morgan, leaving Borst to fill in from neighboring Lincoln County.

Barajas' sentence may range from 19 to 26 years in prison for each count of attempted first-degree murder, according to Flyckt's preliminary estimates. Each count may also carry a five-year firearm enhancement after Barajas pled guilty to a related gun charge before the trial began, he said.

Morgan said he is disappointed by the jury's decision and plans to appeal the case to the Washington State Court of Appeals in Spokane.

He anticipated meeting with jurors to determine what evidence led them to finding Barajas guilty. He predicted jurors came to the conclusion that Barajas shot at the officers first, "since they didn't believe self-defense."

Morgan based much of his argument on self-defense, making the first shot fired during the standoff an important element in the case.

"You can't shoot first and act in self-defense. I guess that is the easiest way to put it," he said.

The incident started when Barajas was test driving a pickup truck he was repairing for his wife. Authorities said Adams County Sheriff's Office deputy Dale Wagner stopped Barajas along South Miller Road near Othello for driving without a license.

Barajas told Wagner his name was Jorge Alaniz and handed him a birth certificate and social security card to prove it. The traffic stop ended in some shouting and a brief struggle, before Barajas jumped back into the idling pickup truck and drove home. Wagner pursued him and called for backup.

Adams County deputy Jeff Lane and an Othello Police Department officer raced towards Barajas' home in the 900 block of South Taylor Road.

Once home, Barajas darted in and grabbed a 9-mm pistol from under a pillow in his bedroom. He exited the house while loading the gun and scrambled into a nearby field, burrowing into an irrigation ditch filled with branches and tumbleweeds.

He was hiding in the ditch when the shoot-out began. Both Barajas and Lane were struck twice by bullets.

Lane received one shot in the leg and one in the chest. Lane was wearing a police vest which stopped the bullet from penetrating his chest.

Barajas was wounded in the left wrist and face by bullets. He told jurors that after being wounded and discharging the weapon four times, he was out of bullets and fled the irrigation ditch.

Lane, Wagner and the Othello officer each fired at Barajas, Flyckt said.

"They all returned fire at various points," he said. "That was certainly the evidence that we presented to the jury."

Barajas ran and hid in the trunk of an old car. He then surrendered to the Moses Lake Regional Tactical Response Team and Benton County SWAT team.

Barajas continued giving police the alias name after being arrested, but a finger print records check revealed his true name. Investigators determined he had a criminal history dating back to 1980, and the Immigration and Naturalization Service deported him to Mexico at least once for previous felonies.

A hospital toxicology report determined Barajas had methamphetamine, cocaine and marijuana in his system at the time of the incident. Judge Borst ruled the toxicology report would not be admissible during trial, saying the additional information would require an expert to tell the jury what influence those drugs would have on Barajas.

Barajas had extensive surgery on his wrist and was taken to Airway Heights Corrections Center to heal.

Lane received treatment for his leg injury and was eventually released.

Both deputies Wagner and Lane remain with the Adams County Sheriff's Office.

"We're extremely relieved the case is complete," said Adams County Undersheriff Kevin Fuhr. "Jeff (Lane) is back to work at 100 percent.

"And the deputies and their families are relieved (Barajas will) not end up back out on the street," Fuhr said.