If the property owner/operator/agent asked him to leave and he didn't, then it is tresspassing, but it has to be the property owner/operator/agent that asks him to leave - police are not authorized to act on behalf of the property owner. I am curious as to what this "trespassing with a weapon capable of producing bodily harm" is, because I can't find any such thing in Revised Code of Washington. This is what his defense to trespassing is going hinge upon:
RCW 9A.52.090
Criminal trespass — Defenses.
In any prosecution under RCW 9A.52.070 and 9A.52.080, it is a defense that:
(1) A building involved in an offense under RCW 9A.52.070 was abandoned; or
(2) The premises were at the time open to members of the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises; or
(3) The actor reasonably believed that the owner of the premises, or other person empowered to license access thereto, would have licensed him or her to enter or remain; or
(4) The actor was attempting to serve legal process which includes any document required or allowed to be served upon persons or property, by any statute, rule, ordinance, regulation, or court order, excluding delivery by the mails of the United States. This defense applies only if the actor did not enter into a private residence or other building not open to the public and the entry onto the premises was reasonable and necessary for service of the legal process.
