State v. Dunbar

The State challenges the dismissal by the trial court of one of two alternative counts of attempted first degree murder. The trial court found first degree murder by creation of a grave risk of death lacks the specific intent necessary to support the crime of attempt.

Defendants John E. Dunbar and Orville H. Smullen were charged with attempted first degree murder. -The charges grew out of what was believed to be a gang-related, drive-by shooting in Tacoma, Washington. Defendants allegedly fired four to six shots from a moving car into a crowd standing in a parking lot. No one was injured by…