A 62-year-old Birch Bay man has pleaded not guilty to two counts of attempted murder after allegedly shooting two people, including a 2-year-old child, at a home in Birch Bay earlier this month. Anthony Palomba entered his plea at his arraignment on August 11 and remains held at the Whatcom County Jail without bail as his case moves toward trial.
What Happened on August 10
Palomba was arrested on August 10 after police responded to a home in Birch Bay following a reported shooting. According to court documents, the incident followed an argument at the residence. An adult victim was struck in the upper hip near the torso, and a 2-year-old child suffered a glancing wound to the inner knee. Both injuries were described as non-life-threatening. The fact that neither victim's wounds were fatal did not reduce the severity of the charges prosecutors chose to pursue, which reflect the intent and circumstances of the shooting rather than solely its physical outcome.
Investigators searching the scene found a pistol, used ammunition casings, and at least one bullet that had been fired into the interior of the home. Officers also located a second, loaded pistol in Palomba's vehicle, a detail that figures into the broader picture of the incident and the charges that followed. When Palomba spoke with hospital staff following the incident, he reportedly told them he had been "very, very intoxicated" at the time of the shooting. Intoxication is generally not a complete defense to serious felony charges under Washington law, though it can be relevant to questions of intent and premeditation at trial.
The Whatcom County Sheriff's Office handled the initial response and investigation. The case has since been referred to the Whatcom County Prosecutor's Office for criminal proceedings, which began with the August 11 arraignment.
The Charges
Palomba faces four counts in total following his August 11 arraignment: two counts of attempted murder in the first or second degree, one count of felony harassment, and one count of second-degree assault. The two attempted murder charges correspond to each of the two shooting victims, meaning the prosecution is treating the shooting of the adult and the wounding of the toddler as separate and equally serious criminal acts. Palomba pleaded not guilty to all charges.
Felony harassment charges typically involve credible threats that place a victim in reasonable fear of death or serious bodily harm, suggesting that there may have been threatening statements made before or during the incident beyond the shooting itself. Second-degree assault in Washington State encompasses intentionally causing bodily harm with a deadly weapon. The combination of charges reflects the layered legal exposure that comes with a domestic shooting in which multiple victims are harmed, multiple weapons are recovered from the scene and the suspect's vehicle, and the surrounding circumstances suggest a pattern of threatening behavior.
Washington law treats attempted murder as a Class A felony, carrying the most serious potential penalties in the state's sentencing grid. A conviction on any of the attempted murder counts could result in a substantial prison sentence, particularly given the presence of a young child among the victims and the circumstances surrounding the offense. Sentencing in serious felony cases in Washington is governed by the Sentencing Reform Act, which uses a grid based on offense severity and the defendant's prior criminal history to determine a standard range.
Status and Court Dates
Palomba is being held at the Whatcom County Jail without bail, meaning he will remain in custody through the duration of the court process unless a judge revisits that determination at a future hearing. Holding a defendant without bail in a serious felony case reflects a judicial finding that no conditions of release would reasonably assure the safety of the community or the appearance of the defendant at future proceedings. A status hearing in his case is scheduled for September 9. His jury trial has been tentatively scheduled to begin October 5.
The October 5 trial date, if it holds, would bring the case to a resolution relatively quickly by the standards of serious felony proceedings, which often involve extensive pre-trial litigation over evidence, expert witnesses, and legal motions. Complex cases involving multiple charges and potential expert testimony sometimes experience delays due to scheduling conflicts, motions practice, or the need for additional investigation. The current schedule suggests both sides may be in a position to proceed toward trial without prolonged pre-trial litigation, though that could change as the case develops.
Domestic Violence Resources
This case involves what investigators and prosecutors have characterized as a domestic violence incident. Domestic violence affects households across all income levels, ages, and communities in Whatcom County and throughout the region. Whatcom County has several resources available for people experiencing domestic violence, including emergency shelter, safety planning assistance, legal advocacy, and confidential support through Domestic Violence and Sexual Assault Services of Whatcom County.
Anyone in an abusive situation or in immediate danger should call 911. The National Domestic Violence Hotline can also be reached at 1-800-799-7233, providing confidential support, information about local resources, and safety planning guidance 24 hours a day. The National Sexual Assault Hotline is available at 1-800-656-4673, also around the clock. These services connect callers with trained advocates who can help assess a situation, identify options, and coordinate with local agencies including shelters and legal aid organizations.
For more on the initial report of this incident, earlier coverage tracked the Whatcom County Sheriff's initial response and arrest of Palomba following the August 10 shooting.
