SJI man cleared of felony assault

A San Juan Island man accused of felony assault following an altercation with his then-girlfriend was found innocent last week of all charges following a three-day trial in San Juan County Superior Court.

A San Juan Island man accused of felony assault following an altercation with his then-girlfriend was found innocent last week of all charges following a three-day trial in San Juan County Superior Court.

On Aug. 13, Robert Allen Justiniano, 38, was acquitted by a jury of second-degree assault, a Class B felony, and third-degree assault, a Class C felony, after roughly four hours of deliberations. Jurors also determined, according to court documents, that Justiniano had acted in self-defense in fending off an attack by the woman while the two were driving from one Halloween party to another along Roche Harbor Road in late October.

Justiniano pleaded innocent when arraigned on the charges in January. Second-degree assault, the more serious of the two, carries maximum penalties of 10 years in prison, a $10,000 fine, or both. He was released under court orders pending trial following arraignment.

According to court documents, Justiniano and the woman were involved in a heated argument while traveling in his car. That dispute escalated into a physical battle as she began to attack him with her fists and, according Bellingham defense attorney Mark Kaiman, formerly of Friday Harbor, Justiniano then responded with one blow to prevent being injured or losing control of the car. That blow fractured a bone near the woman’s eyes, which required surgery to repair.

“Rick had no choice,” Kaiman said in a prepared statement. “(The woman) escalated a verbal argument into a physical assault, and Rick was forced to respond.”

Under state law, Kaiman said, the jury’s determination that Justiniano acted in self-defense will allow his client to seek reimbursement of attorney fees and other legal costs. The amount, if any, will be determined at a later date by Judge John Linde, who presided over the trial.