This month the Washington Supreme Court denied review of the Court of Appeals’ decision affirming Adam Diggins’ convictions for Attempted Murder in the First Degree, Felony Harassment, Cyberstalking, and Use of Drug Paraphernalia. 

During trial, the jury heard evidence that upon learning his former girlfriend was living in Longview with another man, Diggins sent several messages to his former girlfriend threatening to drive to Longview—from his home 60 miles away in Happy Valley, Oregon—to shoot the man she was living with. Diggins also sent a photo of a Glock 26 9-mm pistol on the center console of his vehicle near the gearshift. Later, when he arrived in their neighborhood in Longview, Diggins was arrested by a Cowlitz County Sheriff’s Deputy and found to be in possession of the pistol. In a jail call to his daughter, Diggins admitted his intention in driving to Longview had been to kill the victim and commit suicide.

Diggins raised several arguments on appeal, including a claim that he had not taken a substantial step toward the commission of the crime of murder in the first degree by driving to Longview with the loaded gun after threatening to shoot the victim. The Court of Appeals rejected this argument noting that “any act done in furtherance of the crime constitutes an attempt if it clearly shows the design of the defendant to commit the crime.” 

The State was represented at trial and on appeal by Chief Criminal Deputy Prosecuting Attorney Eric Bentson. We appreciate the work of the Cowlitz County Sheriff’s Office for their investigation of this case and assistance during trial. 

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