Aznoe sentenced to five years in prison
posted 05/05/03
San Juan County Superior Court Judge Alan Hancock sentenced Danny Aznoe, 50, to five years in prison and ordered him to pay $115,836.91 in restitution for shooting and killing his stepson Chris Avery. The shooting took place August 3, 2002 in Friday Harbor. "I am extremely sorry," Aznoe told the court during his May 5, 2003 sentencing. "I wish I could trade places with Chris. I am sorry for all the pain I've caused this family."
Aznoe's defense attorney Craig Platt wanted to take the case to trial. "The bottom line is, this is the best self defense case I have seen in my career. If it were up to me, no offense to the prosecutor, I would never have filed it. If it was up to Ardnt (his law firm partner Charles Ardnt) and me we would go to trial. I would be shocked if we went to trial and didn’t get an acquital."
According to Platt, Aznoe wanted to avoid any further pain for the family and accepted the plea bargain. Aznoe and Rose Aznoe, his wife, were visiting her granddaughter for her birthday when the incident occurred.
Platt said it was important for the court to understand the circumstances. "The fact is a man is dead and nothing I can say will change that. Danny has told me repeatedly if he could go back in time, he wishes he had done nothing. Just let himself be beat and probably killed," Platt said. "Chris Avery was a very troubled man with a history of crime and violence and alcohol abuse. There was a problem with Chris when he was living in the home with Danny and Rose. Chris had stolen from Rose and Danny and he ended up with felony convictions and time incarcerated." Platt said Avery went through a personality change when he drank and became angry and violent.
On the evening of August 3, 2002, the Aznoes were visiting their granddaughter at Mary Avery's (Chris' estranged wife) apartment. An argument ensued and Chris Avery threw Danny Aznoe to the ground, according to Platt. Aznoe was on disability and has a medical condition requiring the installation of a pain pump in his body. Platt said he "essentially has a broken back." Chris Avery told Aznoe to leave.
According to Platt, Aznoe left the apartment and went to his car to leave. His wife went back inside to say goodbye. Aznoe had a gun in the car for his protection while traveling. The couple lived in Sacramento. When he tried to put the gun in the waistband of his pants, the gun fell to the ground. According to Platt, Chris Avery shouted: "Big man, what are you going to do shoot me?" He then charged toward Aznoe and the older man fired the gun.
San Juan County Deputy Prosecutor Charlie Silverman and Aznoe's defense attorneys, negotiated a detailed sentencing recommendation. Originally Aznoe faced charges of first-degree assault. That was changed to second-degree murder after Avery died. The charges were later changed to second-degree manslaughter and Aznoe entered an Alford plea. An Alford plea means the defendant believes he is innocent but thinks the preponderance of the evidence would result in a guilty verdict from a jury.
"I believe the court can see from the circumstances this is a very difficult case," Silverman said. "It is a tragic set of circumstances, everything from family concerns, substance abuse, people with problems controlling their anger. We have attempted as best we can to come up with a resolutution to satisfy everyone, to hold him accountable, to protect the community and something that is just."
Judge Alan Hancock expressed his condolences for the family and noted Aznoe's remorse. Hancock said, "I hope anyone listening, takes away the lesson, when firearms are introduced into a situation bad things occur."
Hancock agreed the recommended sentence was just. He noted the standard range for second-degree manslaughter is 21 to 27 months in custody. The five year sentence was an exceptional sentence. Aznoe will receive credit for time served. The restitution includes $49,296 in child support for Chris Avery's daughter. $64,460.91 will go to the Crime Victims Fund.
Aznoe pleads guilty to reduced charge
of 2nd degree manslaughter
posted 04/07/03
Danny Clay Aznoe entered an Alford plea to second-degree manslaughter in San Juan County Superior Court today (Monday, April 7, 2003). He was accused of shooting his stepson Chris Avery Aug. 3, 2002 in Friday Harbor. Avery died as a result of the gunshot wound to his neck.
San Juan County Deputy Civil Prosecutor Charlie Silverman said, "We feel comfortable
this is an appropriate charge and justice would be done." Originally Aznoe was charged with first degree assault. After Avery died, the charges were amended to second-degree murder.
Judge Alan Hancock accepted Aznoe's plea. "You are telling the court while you don’t believe you are guilty you have reviewed the reports and based on the evidence, you believe there is a substantial likelihood you would be found guilty." An Alford plea has the same result as a guilty plea.
Second-degree manslaughter is a Class B Felony. The maximum penalty is 10 years in prison and a $25,000 fine. The standard range is 21 to 27 months in prison. The standard range depends on the convicted person's criminal history. Aznoe has no criminal history which is relevant to this case according to Deputy Criminal Prosecutor Charlie Silverman. The standard community custody is 18 to 36 months. Community custody is similar to parole according to Hancock.
Hancock told Aznoe, the court does not have to follow any recommendations in sentencing. "If the court goes outside the standard range, the court would have to find substantial and compelling reasons to do that," he said. If a plea of guilty is entered, the convicted person cannot appeal the sentence as long as it is in the standard range. A sentence outside the standard range could be appealed.
Sentencing was set for 10:30 a.m. May 5, 2003 in San Juan Superior Court.
San Juan County Prosecutor Press Release
Aznoe pleads guilty to manslaughter
posted 04/07/03
On Monday April 7, 2003, Danny Aznoe entered a plea of guilty to manslaughter in the shooting of his stepson, Chris Avery. Avery was shot early on the evening of August 3, 2002 in an apartment complex parking lot in Friday Harbor. Avery died on August 7, 2002.
Last summer, Aznoe, of Sacramento, California was charged with murder in the second degree. As part of a plea, the prosecutor agreed to reduce the charge to manslaughter in the second degree. Aznoe and the State will agree to recommend that the judge impose an "exceptional" high sentence of five years prison.
Aznoe made the plea under the rule of the Alford case. Such a plea is allowed when the defendant, although he does not acknowledge guilt, accepts that there is a substantial likelihood that he will be found guilty.
Within minutes after the incident occurred, Aznoe admitted to shooting Avery. "The issue was not who did it. The issue was whether Aznoe acted in self-defense," said Prosecuting Attorney Randall K. Gaylord. "All things considered, this plea is a fair and just resolution of the case."
"Chris Avery's death was a tragic end to a family dispute," said Gaylord. In a statement filed with the Court by the prosecuting attorney, the prosecutor summarized the events leading up to the death. Avery was intoxicated after a daylong birthday party for his five-year old daughter. Aznoe was under narcotic pain medication for chronic pain from a previous back injury. A few minutes before the shooting, Avery confronted Aznoe over a long-standing claim that Aznoe had sexually molested Avery when he was a teen. Avery pushed Aznoe to the ground. Aznoe got up and walked to his car. Avery followed him.
According to Gaylord, the next few seconds were crucial. Rosalinde Aznoe, the mother of the victim and husband of the defendant, was one of the last persons to overhear a conversation between Avery and Aznoe. In that conversation, Avery taunted Aznoe to shoot him. Seconds later a single shot rang out. Avery was shot when he was near the trunk of the Aznoe car. It is believed that Aznoe was near the driver's door, a distance of about ten feet.
"We do not believe this was a justifiable use of force by Aznoe. Aznoe had no reason to believe that he would be seriously injured by Avery. Nonetheless, for the benefit of the family, the guilty plea allows this case to be resolved without a trial."
Gaylord added that the prosecutor's office has kept the Avery family members informed throughout the proceedings, and Avery's wife agrees to the plea and sentence recommendation.
The sentencing will take place on May 5, 2003 at 10:30 a.m.
Murder trial reset for March 25
posted 01/09/03
Danny Aznoe, 50, waived his right to a speedy trial and agreed to trial date of March 25, 2003. He is charged with second-degree murder after allegedly shooting his stepson Chris Avery August 3, 2002 in Friday Harbor. Avery died four days later.
Trial postponed
posted 10/29/02
The trial of Danny Aznoe on second-degree murder charges was moved back to January 14, 2003. It was originally set to begin October 15, 2002. The trial is expected to last two weeks.
Bail raised to $75K for Aznoe
posted 08/19/02
Danny Aznoe, 50, pleaded not guilty to charges of second-degree murder. Aznoe is accused of killing his step-son Chris Avery, 33, of Friday Harbor. San Juan County Superior Court Judge Vicki Churchill set bail at $75,000 during the August 19, 2002 arraignment.
Aznoe had been held on charges of first-degree assault following the August 3, 2002 shooting. His bail was set for $25,000 at that time. The charges were amended after Avery died August 7.
Aznoe's attorney, Charles Arndt, asked to have his client released on personal recognizance. "I ask you to consider the nature of the charge," he said. "This is the strongest self-defense case in the county." He said Aznoe is not a flight risk because he relies on disability payments from Social Security.
Churchill said, "The stakes have risen. The incentive to flee is real." Bail was set at $75,000 cash or bond. The no-contact order issued at the probable cause hearing was dropped since the victim has died. The conditions relating to Aznoe's prescriptions were also dropped.
Murder defense will cost county
posted 08/15/02
San Juan County Prosecutor Randy Gaylord estimated the costs for a trial for the murder of Chris Avery will run in the five figures. County taxpayers will foot the bill for the prosecution, investigation and defense. The law firm of Arndt and Platt has the contract for homicide trials for the county. Gaylord says Chief Deputy Prosecutor Charlie Silverman would prosecute the case if the matter goes to trial. Arraignment for Danny Aznoe, 50, who allegedly shot his step son is set for August 19, 2002.
Prosecutors plan to file
second-degree murder charges against Aznoe
posted 5 p.m. 08/09/02
San Juan County Prosecutor's Office plans to up charges against Danny Clay Aznoe to second-degree murder.
On August 7, 2002, Aznoe, 50, of Sacramento, Calif., was charged with first-degree assault in connection with the Aug. 3 shooting of his stepson Christopher D. Avery, 33, of Friday Harbor. Mr. Avery died at 7:34 p.m. on August 7 at Harborview Medical Center in Seattle.
Prosecutors plan to amend its complaint to
reflect the fact that Avery died, according to a statment issued Aug. 9. Pending further investigation, the
Prosecutor's Office believes it will amend the charges to second-degree
murder, a Class A felony, with a maximum sentence of life imprisonment and
$50,000 in fines.
Aznoe will be arraigned in San Juan County Superior Court at 10:30 a.m.
on August 19. He is being held at Island County Jail on $25,000 bond.
Chris Avery dies as result of shooting
posted 4:50 p.m. 08/07/02
Chris Avery, 33, who was shot August 3, died Wednesday, August 7 as a result of his injuries. He never regained consciousness after being shot in the neck by his stepfather, Danny Aznoe, in Friday Harbor. Life support was turned off late Wednesday afternoon. Avery's widow, Mary, said she believes he is in peace. She
appreciates the community support she and her daughter received and will be contacting people later. Now she needs some time alone to cope with the loss.
Chris Avery's wife wonders if he will survive
posted 08/07/02
Chris Avery, in critical condition since being shot in the neck August 3, most likely will not survive, his wife Mary said. She expects to be going to Harborview Medical Center Thursday to talk to the doctors and most likely "make a decision," she said. Chris has been in a comatose state since the shooting.
Chris was shot by his step-father Danny Aznoe August 3, 2002. The .357-caliber bullet entered the right side of his neck and hit his carotid artery. In an interview August 6, Mary said the "left side of his brain is gone." Massive blood loss caused the brain damage and a stroke, she said.
Mary performed CPR on Chris as he lay bleeding in the parking lot. She hadn't received training but when the EMTs arrived they told her she had done it correctly.
Chris opened his eyes earlier this week and moved the fingers of his right hand. Mary said she thought it was a meaningful sign but later found out it wasn't.
She doesn't know what decision will be necessary Thursday. She believes Chris may help her make the decision. "We are soulmates," she said.
Aznoe charged with assault
posted 08/08/02
Danny Clay Aznoe, 50, was arraigned on first-degree assault with a deadly weapon charges August 7, 2002.
He allegedly shot his son-in-law Chris Avery, 33, in the parking lot of a Friday Harbor apartment complex Saturday, August 3, 2002. After the charges were filed, Avery was taken off life support and died. The prosecutor has the option of changing the charges.
Aznoe held on first-degree assault charges
updated 08/07/02 posted 08/05/02
San Juan County Prosecutor's office has until 4:30 p.m. August 7, 2002 to file charges against Danny C. Aznoe who allegedly shot his stepson, Christopher Avery. A probable cause hearing on August 5 led to Aznoe, 50, being held on charges of first-degree assault with a deadly weapon. If he is not charged, he would be free to leave. Charges could be filed at a later date.
At the probable cause hearing, release conditions were set which included posting of a $25,000 bond and staying within Oregon, Washington and California. Aznoe lives in Sacramento, California.
Avery, 33, remained in critical condition at Harborview Medical Center as of Tuesday, August 6. The bullet from the .357 Magnum went through his neck, hitting his carotid artery and out his upper back.
"He had no pulse when the EMTs arrived," Cumming said. "All the local EMTs are phenomenal -their training, their planning, their leadership." EMTs worked on Avery for 40 minutes and were able to stabilize him. He was airlifted to the mainland and underwent emergency surgery according to Cumming.
Court documents from the probable cause hearing stated:
According to Mary Avery, wife of Christopher Avery and Rosalinde Avery, wife of Danny Aznoe and mother of Christopher Avery, on August 2, 2002, they and Christopher Avery attended a birthday party, during which all parties consumed alcohol. Later that evening, family members returned to Mary Avery's apartment.
Christopher Avery and Danny Aznoe became engaged in an argument, during which Christopher Avery told Danny and Rosalinde Aznoe to leave. The Aznoes started loading their personal items into their car. Christopher and Danny continued to argue, and at one point were face-to-face, jostling each other. According to Mrs. Aznoe, Christopher pushed Danny to the ground.
After the Aznoes finished loading the car, Mrs. Aznoe walked back to the apartment while Danny remained by their car. Christopher came out of the apartment, and stood on the sidewalk, yelling at Danny. Danny pulled out a loaded .357 magnum revolver that he had hidden under the driver's seat.
Christopher started to walk towards Danny. Witnesses heard Christopher say something to Danny about Danny's having a gun and that Danny should shoot him, followed by the sound of a single shot being fired. Danny Aznoe then entered the apartment, said that he had shot Christopher, and asked that 911 be called.
Deputies and medical personnel found Christopher collapsed near the center of the parking lot with an entry would to his neck and an exit wound in his upper back. The loaded handgun was on the roof of Danny Aznoe's car. Christopher Avery was flown to Harborview Medical Center, where according to staff, his condition remains very serious.
Shooting victim in critical condition
updated 08/05/02 posted 08/04/02
Christopher D. Avery, 33, is in critical condition after being shot in the neck Saturday, August 3, 2002 at the Islewood Apartments in Friday Harbor. Danny C. Aznoe, 50, of Sacramento, California was taken into custody by sheriff's deputies. Aznoe is the stepfather of the victim.
He along with his wife (Avery's mother) were visitng Avery and his wife when the shooting took place, said San Juan County Sheriff Bill Cumming. Witnesses indicated there may have been an argument between the two men prior to the shooting, Cumming said.
Avery was airlifted to the mainland where he underwent emergency surgery. His condition as of 8 a.m. Monday morning was listed as critical.
Impact panel impresses participants
posted 08/09/02
Eighteen county residents gathered last Saturday afternoon (August 3, 2002) in San Juan Island Library for a Victim Impact Panel. Two and a half hours later, they left with a new perspective. "Drinking and driving didn't affect me nearly as much an hour or two ago as it does right now," one participant wrote on the evaluation form. "It does affect people." FULL STORY
Chris Avery dies as result of shooting
posted 6 p.m. 08/07/02
Chris Avery, 33, who was shot August 3, died Wednesday, August 7 as a result of his injuries. He never regained consciousness after being shot in the neck by his stepfather, Danny Aznoe, in Friday Harbor. FULL STORY
Avery family won't be evicted
posted 4:50 p.m. 08/07/02
Mary Avery and her daughter Daphne will not have to move. Ad-West Realty property managers Erik Giesen and Warren Westad said they do not want to appear uncaring and will give the situation time. As long as the rent continues to be paid and Avery abides by the rules she can continue to live in Islewood apartments. FULL STORY
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