State Of Washington v. Steven Richard Houser

¶1 A missing witness instruction should be used sparingly and is inapplicable where the missing witness’s testimony would necessarily be self-incriminating.

¶2 Steven Houser appeals his conviction for felony driving while under the influence of intoxicants (DUI). He argues his conviction should be reversed because the trial court misapplied the missing witness doctrine and improperly instructed the jury. Houser testified that “Gary” was driving when Houser’s truck left the road and struck a pole, injuring Houser. Houser does not know where Gary went after the accident. If Gary corroborated…