PORT ANGELES — A 35-year-old Port Angeles man who was found guilty of second-degree robbery on Tuesday faces a life sentence without parole because it was his “third strike,” making it possible to sentence him under habitual offender guidelines.
Alvin L. Witherspoon was found guilty of second-degree robbery, residential burglary and witness tampering after two hours of jury deliberations in Clallam County Superior Court.
Witherspoon had earlier strike convictions for first-degree burglary and residential burglary armed with a firearm. Strike convictions include more than 40 felonies considered the most dangerous offenses.
Clallam County Prosecuting Attorney Deb Kelly said her office will seek life in prison.
“We aggressively prosecute violent crimes, particularly against repeat offenders,” Kelly said.
A sentencing hearing has not been set.
Burglarized residence
Witherspoon was convicted of burglarizing a Red Deer Drive residence on Nov. 12 at about 2:40 p.m.
When the homeowner returned unexpectedly, Witherspoon came around the house with one arm behind his back, according to the charging documents.
He told the homeowner he had a pistol. The front door of the home had been pried open, court documents said.
Before Witherspoon sped away in a maroon car with his pregnant girlfriend, the homeowner recognized two show boxes from inside her house.
The homeowner gave chase at speeds of up to 85 mph, and reported the license number to dispatchers.
During the trial, the girlfriend testified that Witherspoon took off the gloves he was wearing and she threw them out of the window. They were later found by a defense investigator.
Witness tampering
Five days after the incident, Witherspoon phoned his girlfriend from inside the Clallam County jail and tried to persuade her to fabricate a story about a fictitious hitch hiker burglarizing the home, court documents said.
Kelly praised Deputy Prosecuting Attorney Erika Soublet for her work on the case.
During the trial, Soublet played a jail phone recording of Witherspoon telling his girlfriend to report that a hitch-hiker in the car had committed the burglary.
Witherspoon admitted that he had committed the burglary but denied threatening the homeowner, Deputy Prosecuting Attorney Doug Jensen said.
Witherspoon also had prior nonstrike convictions for misdemeanor assault, theft, possessing stolen property, eluding police and other burglaries.
Tuesday’s conviction was the second third-strike conviction in Clallam County Superior Court within a week.
A jury on Friday convicted Steven Ong in a retrial of assault with intent to commit rape against a woman at the Railroad Bridge Park in Sequim. Ong had previous convictions for assault and kidnapping.
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Reporter Rob Ollikainen can be reached at 360-417-3537 or at rob.ollikainen@peninsuladaily news.com.
