Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme
by David Reutter
On July 29, 2025, the Court of Appeals of the State of Washington, Division II, affirmed the conviction of a guard who conspired to be shot. The Court rejected the guard’s defense that because he was the victim of an assault and drive-by shooting he could not be held criminally liable for those offenses.
In the early morning hours of October 7, 2021, guard Christopher L. Floe was shot outside of the Shelton Department of Corrections office. Floe, later that day, signed a Department of Labor and Industries Report “affirming his gunshot wound occurred on the job.” After calling 911, Floe told police that his sister had dropped him off and left the area. Floe then described the assailant to police as “wearing a hoodie and having a [male] gait.” His sister, Caroline Harris, confirmed she had breakfast and that she left the area after dropping Floe off.
Investigators became suspicious after a K-9 failed to detect anyone else had been in the area. Neighbor interviews and surveillance showed the sister’s SUV was in the area at the time of the shooting. Once confronted with the contradiction, Floe admitted that he had convinced Harris to shoot him. Floe told police that he was “frustrated” with working for the Washington State Department of Corrections (DOC) because the agency “doesn’t care.”
“Floe decided he need[ed] to get out of DOC but would need to figure out a fi[n]ancially feasible way to do so,” according to court documents. Floe began asking Harris to help him. Once Harris agreed, Floe provided her his gun and directed her to shoot him. Prosecutors filed an amended informed that charged Floe with conspiracy to commit second degree assault, conspiracy to commit drive-by shooting, first degree rendering criminal assistance, forgery, and false reporting.
Floe proceeded to a bench trial on the charges. The trial court acquitted Floe of forgery but found him guilty on all other counts. The court found a firearm enhancement applied to the assault conspiracy charge. It also found the State proved aggravating circumstances of abuse of trust and destructive and foreseeable impact. Floe received a 32-month sentence with 18 of those months served at home.
Floe appealed. He contested only the guilty verdict on the two conspiracy counts. First, Floe argued that his convictions were barred by Gabardi v. United States, 287 U.S. 112 (1937) (barring conspiracy conviction where defendant consented to the offense), and its progeny. The appeals court found Floe came up with the plan, convinced Harris to shoot him, and he provided Harris with his gun.
The appeals court also rejected Floe’s argument that his convictions are barred because statutory law prohibits a victim from being charged as an accomplice. See: RCW 9A.36.021(1)(a), (c); RCW 9A.36.045(1). The Court found that “while that the legislature explicitly exempted crime victims from accomplice liability, the legislature did not do so with regard to conspiracy.” Finally, the Court found Floe and Harris shared the same mens rea and had the requisite means to be convicted, for “both conspirators planned and agreed to shoot Floe.” The guilty verdicts were affirmed. See: State v. Floe, ___, Case No. 59948- I-II (2025)
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