Mike Brock mentioned to Roy Townsend before a party at Brock’s house that Gerald Harkins had spread rumors about Brock’s sister. Townsend replied that either you can deal with it or I can deal with it. Brock suggested that the three of them go on a hunting trip during which he would confront Harkins. Brock later decided not to go on the trip and Townsend, Harkins, and Jack Jellison left the party in Brock’s truck to go hunting. They started to drive up a mountain road, but it was blocked by a mound of dirt. Harkins started to back down the hill when Jellison, who was sitting in the front seat, heard a gunshot from the rear of the truck. He turned to see that Townsend had fallen out of the truck. Townsend asked are you guys okay? Jellison then saw that Harkins was slumped over the wheel and exclaimed, oh my . . . you shot him. What . . . are you doing?

Townsend claimed that it was an accident and asked whether Harkins was still alive. Jellison noticed that Harkins was breathing and that his eyes were open. Townsend insisted that they could not take Harkins to the hospital because no one would believe that it was an accident given their prior criminal histories. Townsend then approached the driver’s side of the truck, looked inside, and pointed the gun at Harkins head. Townsend said God forgive me and pulled the trigger. Townsend moved Harkins body to the passenger’s seat and Jellison drove the truck down the hill where they dumped the body in the woods. Townsend and Jellison later told Harkins’ roommate, Mike Drury, that Harkins had been accidentally shot. Townsend later burned the truck and took the gun to his home. The Washington Supreme Court defined premeditation as the mental process of thinking beforehand, deliberation, reflection, weighing or reasoning for a period of time, however short.

Is Townsend guilty of deliberate and premeditated murder?

See State v. Townsend, 15 P.3d 145 (Wash. 2001).