Moses Lake attorney pleads guilty to assault

EPHRATA - A Moses Lake attorney pleaded guilty to shooting his brother with bird shot following an argument.

Rolando M. Adame, 60, of Moses Lake, pleaded guilty in Grant County Superior Court to second-degree assault and bail jumping.

Adame was originally charged with first-degree assault for the December shooting, according to court records. Prosecutors and defense Attorney George Trejo agreed to lessen the charge.

After reviewing the evidence Prosecutor Angus Lee stated it was clear Adame would have been convicted of second-degree assault at trial.

"However, it was also clear that he fired the shotgun only once, using a bird shot round from nearly 100 yards away," Lee stated. "At that distance a bird shot round is significantly less powerful than all other kinds of ammunition and it was unlikely that a jury would conclude that Adame intended to cause great bodily harm. In this case there was in fact no great bodily harm to Adame's brother, and there was no evidence to prove that Adame intended to cause great bodily harm. Without that evidence a conviction for a higher degree of assault is not legally supported."

Trejo agreed, saying police didn't discover the victim was shot until they cut away his pants. He pointed out no one disputed whether Adame shot the victim, although he intended to argue for self defense.

"He did not deserve to go away to prison for years," Trejo said. "Fortunately we were able to convince them of that."

Adame faces a sentencing range of six months to a year in jail for the crimes, according to court records. Prosecutors and the defense attorney plan to recommend an eight-month sentence.

The victim's girlfriend reported Adame and his brother were living in the duplex and arguing about an electricity bill for at least two weeks. The victim and his girlfriend left the residence about two weeks prior to the crime after Adame had cut a hole in the wall dividing the duplex, according to a Grant County sheriff's report.

The victim's girlfriend and a friend of a victim reported Adame came outside and unplugged a generator to a trailer parked on the property, according to the police report. Adame and his brother allegedly began arguing.

Both witnesses reported a window of the fifth wheel was broken, but the accounts differ. The victim's girlfriend reported the window was broken after the argument began. The witness reported Adame grabbed a rake and broke the window, starting the argument, according to the police report.

The two struggled over a shovel during the argument, before both men said they were going to call the police, according to a witness report.

The two continued yelling at each other as Adame walked into the house. The victim followed and Adame returned with a shotgun, according to court records. Adame shot his brother striking the victim's hand, leg and lower torso with pellets.

Adame repeated several portions of the story to the police, saying he wanted his brother and girlfriend off of the property, and he broke the window on the trailer to get it ready for salvage. He said the action started an argument, which ended when the victim pushed Adame against a pickup truck, according to the police report.

"(Adame) said he went inside and found a telephone book and was looking for the number to call the cops, but found out he had a Yakima area phone book," according to the police report. "He attempted to call his ex-wife ... but she didn't answer her phone."

Adame told police he heard a window break and grabbed a shotgun, according to the police report. The victim was reportedly walking away from the home when Adame walked out with the gun.

"(When Adame came out of the house, the victim) turned and started back towards the house in an aggressive manner," according to the police report. "He had something in his hand. (Adame) didn't think it was a gun, but could have been a rock." He then fired a warning shot.

Adame said he went back inside the home to call police, and saw a police cruiser outside the house.

"(Adame) admitted that as a man he felt he was justified, but as an attorney he knew he'd gone outside the scope of self defense," according to the police report.

Trejo explained Adame didn't call police to have his brother removed from the property because of the relationship the two men had. He said Adame raised his brother when their father died.

"I think if it would have been a non-family member he would have (called the police,)" Trejo said.

The bail jumping charges came after Adame failed to appear for a March 12 court hearing, according to court records.