Clark County jurors found Ronald Jay Bianchi guilty Monday on two counts of attempted murder, but they were unable to reach unanimous verdicts for similar charges stemming from a 1997 bank robbery that ended in a gunbattle with police.
Jurors found Bianchi guilty of first- and second-degree attempted murder of Clark County Sheriff’s Sgt. Craig Hogman. They were unable to decide on four additional counts alleging he was an accomplice in the intended murders of Vancouver police Officers Lawrence Zapata and Adam Millard.
They also found Bianchi guilty of numerous lesser charges.
It’s difficult to say just how much prison time Bianchi faces on all of the convictions. Deputy Prosecutor Kristine Foerster said the first-degree attempted murder charge generally carries a sentencing range of about 25 1/2 to 34 years. The jury also determined Bianchi used a firearm, potentially adding 19 1/2 years to his imprisonment.
A second enhancement — the crime was committed against a law enforcement officer — allows Clark County Superior Court Judge Bernard Veljacic to impose a sentence beyond what the law specifies, Foerster said.
Bianchi was previously sentenced to 72 years in prison for his part in a botched Vancouver bank robbery that ended in a shootout with police and the deaths of his accomplices, Aaron Lee Ahern, 25, and Michael Judson Brock, 24.
Bianchi, then 26, had pleaded guilty to 13 counts in connection with the robbery at a former SeaFirst Bank branch on East Mill Plain Boulevard. But in February 2017, the Washington Court of Appeals vacated his convictions on three counts of attempted first-degree felony murder after Bianchi’s attorneys successfully argued that crime doesn’t exist in Washington. (The court said a defendant commits felony murder, regardless of intent, during the commission of a felony crime, such as a bank robbery; it’s impossible to attempt something that’s unintentional.)
Bianchi then withdrew his guilty pleas and opted for a trial on amended charges, including three counts of attempted first-degree murder.
Attorney Jeff Barrar, of Vancouver Defenders, represented Bianchi, as he did 22 years ago. The trial started in late January and lasted about two weeks.
In addition to first-degree attempted murder, Bianchi faced three counts of second-degree attempted murder; two counts each of first-degree robbery, second-degree assault, attempting to elude police and possession of stolen property; and one count of second-degree malicious explosion.
In her opening statement, Foerster stuck to the narrative of the incident uncovered two decades ago. Barrar said he would not argue the robbery didn’t occur but would instead focus on the notion that his client’s actions, or those of his accomplices, did not constitute attempted premeditated murder.
On Oct. 17, 1997, Bianchi, Brock and Ahern set off a pipe bomb as a diversion behind a Kmart store on Andresen Road. Armed with guns, they then entered the bank about 2 miles away wearing trench coats and ski masks. They made off with several thousand dollars, Foerster said.
As they drove away, their stolen car was spotted by Hogman, who gave chase. While Bianchi drove, Ahern and Brock fired at the officer out of the car windows. They tossed a grenade at a police cruiser occupied by officers Zapata and Millard, but it didn’t go off, according to the prosecutor.
Bianchi crashed the stolen car on Blandford Drive and a gunbattle ensued. Ahern and Brock were killed. Bianchi escaped into a wooded ravine, only to be captured a short time later near Fort Vancouver High School.
During closing arguments, Foerster said the evidence proved Bianchi’s conduct fit the crimes charged.
“They were armed to the teeth. … When they shot at Officers Millard and Zapata that wasn’t an accident. These men planned the robbery and prepared for police contact that they knew was a possibility when robbing a bank. And they did not hesitate to unleash this arsenal of weapons when they encountered law enforcement officers just trying to do their jobs,” said Foerster, gesturing to a table lined with weapons.
The men possessed five firearms, 200 rounds of ammunition, four pipe bombs (including one unused bomb packed with bullets) and a grenade, she said.
The prosecution had to prove how Bianchi was an accomplice to all of the charges. Foerster said Bianchi is legally responsible for the actions of his deceased accomplices. She said she did not have to prove Bianchi intended to kill the officers, only that one of his accomplices intended to do so.
“Did they take a substantial step toward causing the death of Sgt. Craig Hogman? Of course they did,” Foerster said. Multiple bullets went straight into the front of the sergeant’s car, impacting his windshield, she said.
Defense attorney Whitney Hawke recited a platitude Foerster used at the start of her closing arguments, “Actions speak louder than words.” Hawke replied with one of her own: “Show, don’t tell.”
Hawke said the prosecution told jurors throughout the trial that Bianchi committed attempted murder. But the state failed to meet its burden of proof for the attempted murder charges, she said.
“They have not proven beyond a reasonable doubt that the individuals in the (getaway car) intended to kill,” Hawke said.
The defense attorney pointed out inconsistencies in the testimony given by Zapata and Millard. They differed about when the men started shooting from the getaway car. Zapata also testified that when the vehicle crashed on Blandford Drive, one suspect ran away while two other suspects crouched in offensive positions. Other witnesses who took the stand said all three men fled after the crash, Hawke said.
“That casts a cloud of doubt as to whether that’s actually true or not, and whether that’s high-quality evidence or low-quality evidence,” Hawke said.
A review hearing in Bianchi’s case is set for Friday. Foerster said the court will likely schedule a sentencing hearing. The parties will also discuss whether there will be a retrial on the attempted murder charges that the jury failed to decide.
