Personal Restraint Petition Of: David James Damon Alexander

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION II
In the Matter of the No. 52723-5-II
Personal Restraint of
DAVID JAMES DAMON ALEXANDER,
Petitioner.
UNPUBLISHED OPINION
MELNICK, J. — David Alexander seeks relief from personal restraint imposed as a result
of his 2016 plea of guilty to two counts of third degree assault. He argues that the Department of
Corrections (DOC) has acted arbitrarily and capriciously in refusing to release him early from his
term of confinement. He became eligible for release on November 25, 2018.
Before an offender can be released under earned early release, he must obtain approval by
the DOC of his release location. RCW 9.94A.703(2)(e). The DOC can reject a proposed release
location if that location may “place the offender at risk to reoffend, or present a risk to victim
safety or community safety.” RCW 9.94A.729(5)(c).
Alexander’s proposed release location was with his fiancée and her teenage daughter. The
DOC rejected this location based upon Alexander’s history of violence and the isolated nature of
the location. That history includes the two assaults for which he is currently confined, a 2000
Filed
Washington State
Court of Appeals
Division Two
March 26, 2019

No. 52723-5-II
2
California battery conviction and assault convictions in 2006, 2010, and 2012.1 Given this history
of assaultive behaviors, Alexander does not show that the DOC acted arbitrarily or capriciously in
rejecting his proposed release location.
Alexander does not present any grounds for relief from restraint. We therefore deny his
petition. His request for appointment of counsel is denied.
A majority of the panel having determined that this opinion will not be printed in the
Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040,
it is so ordered.
MELNICK, J.
We concur:
MAXA, C.J.
LEE, J.
1 Alexander’s motion to strike the reference to a rape from the DOC’s response is granted. That
is only an allegation, contained in a police report, not an adjudicated fact.