Jurors were unable to agree on whether a man on trial for robbing a Vancouver credit union and stabbing an intervening customer should be convicted of attempted murder.
The visibly frustrated jury deliberated for about six hours before determining Thursday afternoon that Timar Degraffe was guilty of second-degree assault and first-degree robbery with a deadly weapon. The crimes stem from a May 2015 incident at the iQ Credit Union in the VanMall neighborhood.
Degraffe, 25, was charged in Clark County Superior Court with attempted second-degree murder, first-degree assault and first-degree robbery. However, the jury also had the option to consider a charge of second-degree assault instead of first-degree assault.
Jurors also found that Degraffe committed the robbery shortly after being released from prison — about 10 days after — which is an aggravating factor that increases the severity or culpability of a crime.
Degraffe’s defense attorney, Jack Peterson, said the jury grappled with seeking justice and deciding on the appropriate conviction for his client.
“In my opinion, they found the right balance between the two,” he said.
On the afternoon of May 26, 2015, Degraffe walked into the credit union at 7017 N.E. Vancouver Mall Drive and demanded money while brandishing a large kitchen knife. The teller gave him more than $2,000 in cash. As he attempted to leave, a customer, William Uptmor, intervened. Degraffe stabbed the man in the stomach.
Degraffe fled the area and was captured following a daylong manhunt.
Uptmor suffered a laceration that went through his stomach and into his back muscles. The prosecution told the jury that Uptmor was in a coma for 14 days and underwent multiple surgeries. He now walks with a cane and has a pacemaker due to medical complications.
Deputy Prosecutor Mike Vaughn argued throughout the trial that there should be no doubt to what Degraffe did. He was caught on surveillance footage during the robbery and stabbing and later confessed to police. Degraffe also testified to committing the crimes.
Vaughn said that there is no other logical result when you stab someone other than severe injury or death.
He declined to comment after the verdict because the case is still pending. Degraffe is set to be sentenced Oct. 14.
Degraffe and his attorney argued that he didn’t intend to cause Uptmor “great bodily injury or death” when he stabbed him. Intent was a key element in the attempted murder and first-degree assault charges.
Degraffe testified that he found the knife in a nearby parking lot and had only intended to use it to intimidate the teller. He said he stabbed Uptmor because he was put in a defensive position when the man punched him in the face and tried to detain him. It was a stupid decision, Degraffe added.
