[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 3
¶1 — We are asked to determine whether any rational trier of fact could have convicted Donovan Allen of aggravated first degree murder upon the evidence properly admitted in this case. Allen confessed to killing his mother but challenges, among other things, the sufficiency of the evidence that this killing was premeditated and aggravated by robbery. We affirm.
Detective Davis:. . . . Can you tell me what happened when you got to her house?
Mr. Allen: We just started arguing about me getting to work on time, how I could lose my job, and me and my kids be [sic] on the street. We started arguing about that and it just blew up.
6 Report of Proceedings (RP) (Trial 2) at 1034-35. He told the police it began as an argument and became physical.Id. at 1035-36. He recounted that:
Id. at 1036-37. He continued:We wrestled a little bit. She pushed me back. She kept pushing and pushing and pushing. Into the bedroom. Argued more. She pushed me back. (Inaudible) me and fell against the bed. I stand back up and (inaudible) and lost it. I totally went blank and went ballistic and I had no control.
. . . .
We wrestled. And I was using my [telephone] cord against my mother.
. . . .
I strangled her with it.
*Page 5It snapped.
. . . .
Then we fought a little more. She was still alive. She tried to take off again.Id. at 1039-41.. . . .
I just turned around and went in the gun cabinet.
. . . .
I just grabbed my rifle.
. . . .
I swung it twice.
Detective Jacobs: Where did you swing that rifle at?
Mr. Allen: Her head.
. . . .
It flew out of my hands when the rifle connected, the stock broke.
. . . .
I took the rifle, cleaned it up.
. . . .
It had a little bit of blood on the stock.
*Page 6Detective Davis:. . . . And then what did you do next?
. . . .
Mr. Allen: Went back in the house.
. . . .
Detective Davis: And what did you do after you went back into the bedroom?
Mr. Allen: Found the cash box.
. . . .
Picked it up.
. . . .
I left with it.
I walked out of my mom's house. I went (inaudible) to Washington Way going to the slough. Then I realized what I had done, and I threw the cash box as hard as I could at the slough, and then ran like hell back.
. . . .
I sat at the fireplace and then started (inaudible) what happened and ran to my mom.Id. at 1041-43.. . . .
I checked for a pulse. . . . I don't know whether she was alive or not.
¶3 Allen was charged with aggravated first degree murder, with robbery as the aggravator.1 Allen successfully moved to exclude some evidence he believed was unfairly prejudicial, including a statement he made in a restaurant rest room to his friend and occasional overnight house guest, Chris Smith, "that he has killed before and can do it again." Clerk's Papers (CP) at 124. The first trial ended with a hung jury.
¶4 In the second trial, the trial judge renewed the exclusion of Allen's statement that he had killed before and could kill again. However, the jury heard a taped interview where Allen admitted killing his mother in a rage. Bonnie Walker, the mother of Allen's child, also testified that Allen had reacted violently to his own mother in the past. Walker said he once "had blown up at somethin' that his mother said to him, and destroyed our apartment. . . . He was throwin' stuff around. . . . [H]e punched holes in the wall and kicked a couple holes in the wall." 3 RP (Trial 2) at 562.
¶5 On direct examination of Smith, the following exchange took place:
State: And was there one point after [Allen] talked with the police where he made a statement to you about killing?
Smith: Uh-huh.
State: What did he say?
Smith: That he had killed before and he could kill again.
5 RP (Trial 2) at 911. Allen moved for a mistrial based on that exchange, arguing that it violated the exclusion order. *Page 7 After reviewing the trial court's oral exclusion order, the State acknowledged it had inadvertently violated the exclusion order but argued that the "killed before" statement was nevertheless admissible as a declaration against penal interest and therefore Allen was not prejudiced. The trial court agreed. The jury convicted Allen of aggravated first degree murder.
¶6 Allen was sentenced to life in prison without parole. The Court of Appeals affirmed (State v. Allen, noted at 126 Wn. App. 1017 (2005)), and we granted review (Statev. Allen, 155 Wn.2d 1018 (2005)).
¶8 Allen does not challenge the jury's conclusion that he killed Cox. Rather, he challenges the sufficiency of the evidence that he premeditated the killing or committed it in the course or furtherance of a robbery. To prevail, he must show that no rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.State v. Finch, 137 Wn.2d 792, 835, 975 P.2d 967 (1999); State v. Green, 94 Wn.2d 216, 221,616 P.2d 628 (1980).
¶10 We find sufficient evidence of premeditation to uphold the jury's verdict. First, a physical struggle over "an appreciable period of time" prior to strangulation is sufficient evidence of premeditation. State v. Harris,62 Wn.2d 858, 868, 385 P.2d 18 (1963). Allen's altercation with his mother went from the kitchen to the bedroom and involved pushing and wrestling before escalating to strangulation.
¶11 Second, injuries inflicted by various means over a period of time can support a finding of premeditation.State v. Bingham, 105 Wn.2d 820, 825-26, 719 P.2d 109 (1986). The record shows that Allen used such "various means" of injury — first wrestling, then strangling with a phone cord, and finally beating with a rifle. Sufficient evidence of premeditation may also be found where the weapon used was not readily available, where multiple wounds are inflicted, or where the victim was struck from behind. Gentry,125 Wn.2d at 599. Here, the rifle used to beat Cox was not readily available. Allen retrieved it from a cabinet after the telephone cord snapped. Also, Cox's strangulation marks and fractured skull may be viewed as "multiple wounds." Finally, the fact that Cox was struck from behind is evidence of Allen's premeditation.
¶12 A rational jury could find beyond a reasonable doubt that Allen had the premeditated intent required for first *Page 9 degree murder. Therefore, we affirm the Court of Appeals conclusion that evidence of premeditation was sufficient to support the jury's verdict.
¶14 We find considerable circumstantial evidence that Allen used force, at least in part, to obtain the cashbox. In addition to the argument between Allen and Cox regarding Allen's financial difficulties shortly before the murder and the testimony of Cox's husband regarding Cox's concerns over Allen's financial difficulties, another witness testified that Allen went through his money quickly and was often broke a week before payday. Cox's husband also testified that Allen had asked Cox for $400 to buy a car but she refused. Allen, before the murder, had told a friend that his mother had a cashbox. Further, the cashbox was taken *Page 10 shortly after the murder and found nearby. In addition, after the murder, Allen told a cell mate that he took the cashbox after killing Cox, that it had about $1,100 in it, and that he had spent the money. Cox's husband testified that on the day of the murder the cashbox held approximately $1,500. There is sufficient evidence to affirm the jury's verdict.4
¶16 Allen calls our attention to the fact that the jury in his first trial both did not hear that statement and was unable to reach a verdict, while the second jury both heard the statement and convicted him. The State calls our *Page 11 attention to other differences between the two trials, including damaging testimony of a witness named Cory Opp that was stricken from the first trial but not the second.6
¶17 We in no way countenance violations of pretrial exclusion orders. But the trial court properly found that the statement was admissible as a statement of a party opponent and that Allen was not prejudiced by the admission of an admissible statement. See ER 801(d)(2)(i). Given that, and given the other overwhelming evidence of guilt, we cannot say the trial court abused its discretion in denying Allen's motions.
MADSEN, BRIDGE, FAIRHURST, and J.M. JOHNSON, JJ., concur.