Appeals court upholds Ephrata man's convictions

Tilton

by Richard Byrd
| October 28, 2018 5:59 PM

EPHRATA — An Ephrata man who was arrested in 2015 days after he was released from a previous prison stint had his residential burglary, assault and malicious mischief convictions upheld by the Washington Court of Appeals, Division III.

Nathaniel Tilton, who was 32 at the time, was released from the mental health unit at the Monroe Correctional Complex on July 13, 2015 without a place to stay and his father allowed Tilton to stay with him temporarily.

The next morning the pair went fishing and at some point Tilton started to get angry and began yelling at his father. Upon returning home Tilton punched his father in the ear with a fist, causing the older man to fall down. After he got back up Tilton slugged him again in his other ear.

A neighbor contacted the authorities and Tilton’s father was able to get to his residence, unlock the door and then lock it behind him believing “that locking his son out of the house informed the younger man that he was no longer allowed in the dwelling.”

Tilton proceeded to smash a garage door, kick in the back door to the house and enter the residence. He demanded his father’s car keys and was taken into custody by police a short time later. Officers were able to recover a propane torch and a scorched light bulb, which contained methamphetamine residue, in the yard at the location.

Tilton was promptly charged with residential burglary, fourth-degree assault, second-degree malicious mischief and possession of a controlled substance. The case went to a jury trial and Tilton was convicted on all of the counts except for the drug charge. The jury entered findings of domestic violence, the victim was present at the time of the burglary and found the two felony offenses were committed “rapidly” after Tilton was released from prison. As a result Tilton received an exceptional sentence of 11 years in prison, which he appealed.

In his appeal Tilton’s biggest claim is the evidence did not establish he was not allowed inside his father’s home.

“Mr. Tilton argues that his entry was not unlawful because his father had not orally communicated that his permission to stay in the house had been revoked,” wrote the judges.

The judges state Tilton did not have a key to the house and he did not ask his father’s permission to enter the building when he discovered he was locked out.

“His sole stated purpose for entering in this manner was to demand the keys to his father’s car. These were not the actions of a man who believed he was still permitted in the house. More critically for this analysis, the father’s actions in locking out his guest, knowing that the young man could not enter without his new permission because he had no key, is a clear expression that Nathaniel’s guest status has been revoked.”

The appeals court judges denied the claim, along with other arguments made by Tilton with regard to conflict with counsel, the prosecutor’s closing argument, the basis for an exceptional sentence and financial obligations, and his sentence was upheld.

Richard Byrd can be reached via email at city@columbiabasinherald.com.