SPOKANE — A man who beat his 60-year-old mother unconscious and left her without medical care for hours could not win a new trial Thursday from the state Court of Appeals.
Daniel Farias, 30, of East Wenatchee was sentenced in 2012 to 20 years in prison for drunkenly attacking his mother in the dead of night, beating her with a wall-mounted crucifix. In his appeal, Farias said he was not allowed to ask the jury to consider whether he was too drunk to form an intent to harm his mother — a key element in many criminal convictions.
The appeals court ruled that while it was clear Farias had been drinking heavily before the attack and witnesses described him as drunk, “there is no evidence bearing on whether or how Mr. Farias’s drinking affected his ability to form the intent to commit great bodily harm.” Fifteen hours passed between the last time Farias was seen and the discovery of the crime, and neither Farias nor his mother, who recovered from broken facial bones and internal injuries, had any memory of the attack.
The attack happened late Jan. 3 or early Jan. 4, 2011, at the victim’s home in East Wenatchee. She was not discovered until her daughter asked Douglas County sheriff’s deputies to check on her welfare about 3:50 p.m. Jan. 4. The jury also heard testimony that Farias had assaulted his mother eight months before.