News Release

News Release 2003-5
April 7, 2003

On Monday April 7, 2003, Danny Aznoe entered a plea of guilty to manslaughter in the shooting of his stepson, Chris Avery. Avery was shot early on the evening of August 3, 2002 in an apartment complex parking lot in Friday Harbor. Avery died on August 7, 2002.

Last summer, Aznoe, of Sacramento, California was charged with murder in the second degree. As part of a plea, the prosecutor agreed to reduce the charge to manslaughter in the second degree. Aznoe and the State will agree to recommend that the judge impose an Aexceptional@ high sentence of five years prison.

Aznoe made the plea under the rule of the Alford case. Such a plea is allowed when the defendant, although he does not acknowledge guilt, accepts that there is a substantial likelihood that he will be found guilty.

Within minutes after the incident occurred, Aznoe admitted to shooting Avery. AThe issue was not who did it. The issue was whether Aznoe acted in self-defense,@ said Prosecuting Attorney Randall K. Gaylord. AAll things considered, this plea is a fair and just resolution of the case.@

AChris Avery’s death was a tragic end to a family dispute,@ said Gaylord. In a statement filed with the Court by the prosecuting attorney, the prosecutor summarized the events leading up to the death. Avery was intoxicated after a daylong birthday party for his five year old daughter. Aznoe was under narcotic pain medication for chronic pain from a previous back injury. A few minutes before the shooting, Avery confronted Aznoe over a long-standing claim that Aznoe had sexually molested Avery when he was a teen. Avery pushed Aznoe to the ground. Aznoe got up and walked to his car. Avery followed him.

According to Gaylord, the next few seconds were crucial. Rosalinde Aznoe, the mother of the victim and husband of the defendant, was one of the last persons to overhear a conversation between Avery and Aznoe. In that conversation, Avery taunted Aznoe to shoot him. Seconds later a single shot rang out. Avery was shot when he was near the trunk of the Aznoe car. It is believed that Aznoe was near the driver’s door, a distance of about ten feet.

AWe do not believe this was a justifiable use of force by Aznoe. Aznoe had no reason to believe that he would be seriously injured by Avery. Nonetheless, for the benefit of the family, the guilty plea allows this case to be resolved without a trial.@

Gaylord added that the prosecutor’s office has kept the Avery family members informed throughout the proceedings, and Avery’s wife agrees to the plea and sentence recommendation.

The sentencing will take place on May 5, 2003 at 10:30 a.m.

Randall K. Gaylord
San Juan County Prosecuting Attorney
350 Court Street, 2nd Floor
P.O. Box 760
Friday Harbor, WA 98250
(360)378-4101

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