A Vancouver man was found guilty Thursday of 12 charges related to an armed robbery and police pursuit last September that ended with him slamming his vehicle into a patrol car.
Thomas J. Keys III, 42, was convicted of three counts of first-degree assault, three counts of second-degree assault, and one count each of first-degree robbery, first-degree malicious mischief, attempting to elude a pursuing police vehicle, hit-and-run, theft of a motor vehicle and attempting to harm a police dog.
The Clark County Superior Court jury deliberated for about 3 1/2 hours before reaching its verdict late Thursday afternoon.
Jurors were faced with the question of whether Keys intended to assault officers when he rammed a patrol vehicle with his car. Or, if it was an accident that occurred as he was trying to evade capture.
In addition to finding Keys guilty on all counts, the jury also found him guilty of enhancements that will add more time for his assault convictions. Deputy Prosecutor Michael Vaughn said the enhancements were for assaulting a law enforcement officer in the line of duty.
According to a probable cause affidavit, officers responded shortly after 10:15 p.m. Sept. 25 to an armed robbery at the AM/PM convenience store at 2714 N.E. 112th Ave. in east Vancouver. Keys had threatened a cashier with a revolver and left with an undisclosed amount of cash.
Shortly after, officers attempted to stop the stolen vehicle Keys was driving in a cul-de-sac near the 2400 block of Northeast 114th Court, the affidavit said.
A Vancouver police officer who responded to the scene was attempting to get out of his vehicle with his police dog when Keys accelerated toward them. The officer said he was barely able to grab his dog and move out of the way before Keys’ vehicle struck his driver’s side front and rear doors, according to court records.
Other officers at the scene said Keys narrowly missed them, by about 4 feet, court documents said.
Keys subsequently crashed the car, fled on foot and was later apprehended at a bus stop, the affidavit said.
Before the robbery, the stolen car was involved in a hit-and-run accident in the Sunnyside neighborhood. A resident told police the car had crashed in his yard at Northeast 105th Street and 94th Avenue, ran over his foot and sped off, according to court documents.
One count each of first- and second-degree assault apparently was dismissed during Keys’ trial, following one of the officer’s testimony.
During closing arguments Thursday morning, Keys’ defense attorney, Heather Carroll, told the jury that her client committed the robbery. However, she argued that he didn’t intend to assault the officers.
“Mr. Keys robbed that convenience store,” Carroll said. “I’m not going to stand here with a straight face and try to convince you otherwise. You saw the surveillance video.”
Still, she said it doesn’t mean Keys is a “bad guy” who then tried to run down police as they attempted to stop him.
She told jurors that it was dark out, and there was likely a glare from Keys’ headlights and the patrol vehicles’ headlights making it difficult for him to see where the officers were. Carroll also argued that Keys didn’t attempt to swerve toward any officers or chase after them with his car as they moved out of the way.
Additionally, she said none of the officers got a good look at the driver of the car. So although Keys was seen getting into it after the robbery, it doesn’t mean he was the driver, she said.
“We don’t know what happened between the robbery and the cul-de-sac,” Carroll said.
Deputy Prosecutor Michael Vaughn argued that the notion of some kind of “switch-a-roo” between the robbery and incident with officers is “outlandish.”
“Nothing in the evidence suggests anyone else had possession of the stolen vehicle,” he said.
He compared the dead-end road to a bowling alley, in which the officers were the pins and Keys the ball.
“The defendant made a conscious decision to go through there, come Hell or high water, whether the officers were there or not,” Vaughn said.
He said after the verdict that he was pleased with the outcome. Vaughn said he thinks Keys could face a sentence of at least 20 years in prison.
Keys’ sentencing hearing was scheduled for Sept. 16.
Carroll declined to comment after the verdict.
Jessica Prokop: 360-735-4551; jessica.prokop@columbian.com; twitter.com/JProkop16
