Michelle was not there so he next drove to Lambert's home. He left his sister's home at around 2:30 a.m. Gutsch spent the evening of April 7 with his sister and her boyfriend, during which time he consumed seven bottles of beer. According to Foster, Gutsch stated in the message that if he did not receive his television, he would blow up Lambert's truck and pop the tires.

After these incidents, Michelle asked Deputy Gavin Foster to listen to a threatening message that she had received from Gutsch.

Later that day, Michelle told Lambert that Gutsch had made threatening phone calls to her 1 Lambert and his girlfriend, Chrystina Davis, invited her to stay the night at their house. Lambert had to close the car door to prevent Gutsch from doing so. Gutsch opened the passenger side door of Lambert's car, asked Ian if he knew that Michelle was married and was still sexually involved with Gutsch, and acted as if he intended to pull Ian from car. The preceding morning, April 7, a friend, Brent Lambert, and one of his co-workers, Ian, had stopped by Gutsch's residence to return a television. The conduct that led to Gutsch's convictions arose out of his efforts to contact his estranged wife, Michelle Gutsch, in the early hours of April 8, 2000. But we affirm the first degree burglary, harassment, and fourth degree assault convictions. Further, because the trial court improperly considered two of Gutsch's juvenile adjudications when calculating his offender score, we remand for resentencing. Because the evidence of the value of the damaged property was insufficient to support the second degree malicious mischief conviction, we remand for entry of judgment and sentence on third degree malicious mischief (gross misdemeanor). Steve Gutsch appeals his burglary, malicious mischief, harassment and assault convictions. Patricia Anne Pethick, Attorney at Law, Tacoma, WA, Counsel for Appellant(s).Īlicia Marie Burton, Pierce County Prosecutors Office, Tacoma, WA, Counsel for Respondent(s).

July 22, 2003.Īppeal from Superior Court of Pierce County, Docket No: 00-1-01691-5, Judgment or order under review, Date filed. Court of Appeals of Washington, Division II.

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