Estate argues DOC misclassified violent offender, alleging gross negligence
September 22, 2026 | Other Court, Judicial , Washington
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Phil Talmage, arguing for the estate of Lena Wilkerson, told the court that Miller "repeatedly violated the terms of his community custody after DOC had misclassified him as only a moderate risk," and that DOC's supervision failures amounted to gross negligence. He listed admitted violations including positive drug tests, failure to report, and missed or incomplete mental-health treatment.
Talmage argued that those supervisory and classification failures should have led to revocation of community custody and incarceration, which in his view could have prevented the shooting. He urged the court to reverse the trial court's CR 50 ruling so that jurors can weigh whether the DOC conduct proximately caused the death.
Talmage argued that those supervisory and classification failures should have led to revocation of community custody and incarceration, which in his view could have prevented the shooting. He urged the court to reverse the trial court's CR 50 ruling so that jurors can weigh whether the DOC conduct proximately caused the death.
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