TACOMA — The state Court of Appeals has upheld the conviction of a former Clallam Bay Corrections Center inmate who splashed urine on two officers through the mail slot of his cell in August 2013, the Clallam County Prosecuting Attorney’s Office announced.
Terrence L. Lavery, 46, was convicted by a Clallam County jury in January 2017 of two counts of third-degree assault of a law enforcement officer.
The conviction was upheld in a Tuesday ruling issued by the state Court of Appeals, Division II in Tacoma, Clallam County Deputy Prosecuting Attorney Jesse Espinoza said.
At trial, Espinoza called to the stand corrections officers Stephen Monger and Jacob Martin to testify to the Aug. 19, 2013, assaults.
Lavery splashed the officers with urine and said: “How you like that piss, punk?,” according to court records.
After the two-day trial, Clallam County Superior Court Judge Christopher Melly sentenced Lavery to four years, eight months plus one year of community custody.
Lavery, a former Seattle resident, was serving time for a prior robbery conviction when the assaults occurred.
The Court of Appeals remanded the case to Clallam County to reduce the community custody imposed so the total prison sentence and community custody does not exceed the maximum 60 months, Espinoza said.
Lavery was being held Thursday at the Monroe Correctional Complex.
Reporter Rob Ollikainen can be reached at 360-452-2345, ext. 56450, or at [email protected].