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State v. Wanrow | 559 P.2d 548 (1977)

For decades, many activists have worked to encourage American courts to ignore differences of gender and race. They argue that people are people, and should be treated the same regardless of background. In the landmark case State versus Wanrow, some activists took the opposite approach.

On an August Friday in 1972, William Wesler tried to drag Yvonne Wanrow’s son off his bicycle. The boy reported this to Wanrow’s friend Ms. Hooper. Hooper learned from neighbors that Wesler had a history of child molestation, and discovered that Wesler was the source of the mysterious STD Hooper’s seven-year-old daughter had contracted. Believing that Wesler had been prowling around her house, Hooper called the police. They said they couldn’t come until Monday.

Feeling anxious, Hooper asked Wanrow and her kids to spend the night. Wanrow brought a pistol. The women invited Wanrow’s sister and brother-in-law to stay as well. The adults stayed up all night watching for Wesler while their many children slept. Around five a.m., Wanrow’s brother-in-law went to Wesler’s house with a baseball bat and accused Wesler of molesting children. Wesler, who was drunk, went to Hooper’s house to settle matters. He commented on how cute one of the little boys was, and wouldn’t leave when the adults screamed at him. Wanrow went to the door to call her brother-in-law to help, turned to discover Wesler standing right behind her, and reflexively shot and killed him. An emergency phone call was placed after Wesler was shot.

Wanrow was tried and convicted for second-degree murder and first-degree assault. The Court of Appeals reversed and remanded the conviction on the grounds that a tape of the emergency phone call was improperly admitted into evidence. The state appealed to the Washington Supreme Court. Wanrow’s defense team from the Center for Constitutional Rights submitted a supplemental brief attacking the trial court’s jury instructions on the issue of self-defense.

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