eXtenDing the BounDs of an assauLt
Criminal law Section
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was on the ground, was not intended as a threat to the victim, who was
brandishing his firearm.
But compare J.S. v. State with the First District Court of Appeal’s
recent decision in Williams v. State, 2018 WL 1095933 (Fla. 1st DCA
2018). In Williams, the jury heard evidence that the defendant told
Elroy Howard he wanted to kill him “so bad” he could “taste it” before
pointing a semiautomatic rifle in Howard’s direction and firing off several
shots in his general direction.
The jury also heard evidence that after stating that he knew Fredrika
Dixon and Gary Byrd wanted to put him in prison, the defendant then
began shooting in several directions — not just toward Howard. When
Byrd confronted him, the defendant responded with a racial slur and
told Byrd to “shut the hell up.” Byrd and Dixon hid behind a car until
the defendant left.
Based on these facts, the First DCA decided that the statement “shut
the hell up,” coupled with the prior acts of firing the gun, was actually a
threat to harm Byrd if he continued talking — not a mere request to be
quiet. As for Dixon, the Fourth DCA acknowledged it could not discern
the defendant’s intent. Still, it held that a reasonable jury could find that
the defendant threatened Dixon by stating that he would kill Howard
and that he knew Dixon and Byrd would try to put him in prison.
The takeaway from Williams is that if a defendant is firing rounds at
one person and makes any statement to other people in the area, there’s
a chance that he or she could be convicted of aggravated assault with
respect to the people to whom he or she was talking.
Although the outcome of the assault charge in
Williams didn’t really matter because the aggravated
assault sentences were concurrent with a 30-year
sentence for the attempted murder of Howard,
criminal defense attorneys need to be aware that
bystanders to a crime have a chance to become
victims as well under the logic of Williams.
Author: Adam L. Bantner, II – The Bantner Firm
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