State of Maine V. Watson

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STATE OF MAINE KENNEBEC, ss. SUPERIOR COURT );focket No.: 12-CR-;f>.6 I ~- r.e.r..J- !//.;;_'/ ~o 0 1 STATE OF MAINE, DECISION AND ORDER V. JEDIDIAH D. WATSON, Defendant This matter is before the Court on Defendant's Motion to Dismiss Count I (assault) of the Indictment. For purposes of this motion, the parties stipulate to the following facts: 1. Defendant did not make physical contact with the alleged victim of the assault. 2. The alleged victim, Defendant's minor child, was born on September 8, 2011, and was discharged from the hospital on September 10, 2011. When the alleged victim was discharged from the hospital, the alleged victim weighed 5 pounds. 3. On November 7, 2011, the alleged victim weighed 5 pounds and 1 ounce. Consistent with the stipulations set forth above, at the hearing on the motion, the State conceded that the assault charge is not based on any physical contact between the Defendant and the alleged victim. Instead, the State alleges that the assault charge results from Defendant's failure to provide the alleged victim with basic sustenance, which failure caused the alleged victim to suffer physical harm (i.e., lack of appreciable weight 1 gain). The issue is thus whether as a matter of law, a person can be guilty of assault in the absence of physical contact of any kind between the person and the alleged victim. Pursuant to 17-A M.R.S. § 207 (2012), a person is guilty of assault if "[t]he person intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another person." Given the disjunctive nature of the statute, a person can commit an assault (1) by causing bodily injury, or (2) by offensive physical contact to another person. While it is apparent from the plain language of the statute that some type of physical contact is a necessary prerequisite to a successful prosecution of an assault charge based on "offensive physical contact to another person," the question is whether physical contact is necessary to prove an assault based on bodily injury. In support of his motion, Defendant relies upon the First Circuit's interpretation of§ 207 in U.S. v. Nason, 269 F.3d 10 (1 sr Cir. 2001). In Nason, the First Circuit wrote, The breadth of conduct covered by the bodily injury branch of the Maine general-purpose assault statute unambiguously involves the use of physical force. In pertinent part, the statute criminalizes the "use of unlawful force against another causing bodily injury." [citation omitted] In turn, all three types of bodily injury specified by Maine's' criminal code (pain, illness, and impairment) contain the same adjectival modifier: "physical" Me.Rev .Stat.Ann. tit. 17-A § 2(5). Common sense supplies the missing piece of the puzzle: to cause physical injury, force necessarily must be physical in nature. Accordingly, physical force is a formal element of assault under the bodily injury branch of the Maine statute. 269 F.3d at 20. 1 The First Circuit's conclusion is consistent with the Law Court's opinion in State v. Griffin, 459 A.2d 1086, 1091 (Me. 1983), where the Court defined "intentionally, knowingly, or recklessly caus[ing] bodily injury ... to another," as "the 1 The First Circuit reiterated its conclusion in U.S. v. Duval, 496 F.3d 64, 84 (1st Cir. 2007), where the Court stated, "[b]oth variants of assault regulated under Maine's general-purpose assault statute necessarily involve the use of physical force." 2 knowingly intended use of unlawful force against another causing bodily injury as statutorily defined." The reasoning of the First Circuit is sound. As the First Circuit observed, the statute criminalizes the use of physical force in certain instances (i.e., that which is offensive and that which causes bodily injury). The Court, therefore, concludes that where, as in this case, liability under the assault statute is based on a person causing bodily injury, physical force is a necessary prerequisite for the imposition of liability. Because the parties agree that the assault charge in this matter is not based on physical contact between Defendant and the alleged victim, the Court grants Defendant's Motion to Dismiss and dismisses Count I of the Indictment. The Clerk shall incorporate this Decision and Order into the docket by reference. Dated: ll(tctj;J Superior Court 3 SUPERIOR COURT KENNEBEC, ss. Docket No AUGSC-CR-2012-00766 STATE OF MAINE vs JEDIDIAH WATSON 3 A MIDDLE ST LISBON FALLS ME 04252 DOCKET RECORD DOB: 08/07/1979 Attorney: JEFFREY TOWNE 179 MAIN STREET STE 202 WATERVILLE ME 04901 APPOINTED 07/02/2013 State's Attorney: EVERT FOWLE Filing Document: INDICTMENT Filing Date: 09/19/2012 Major Case Type: FELONY (CLASS A,B,C) Charge(s) 1 ASSAULT Seq 8383 17-A TRACY 0910812011 AUGUSTA 207 (1) (B) Class C I AUG 2 ENDANGERING THE WELFARE OF A CHILD Seq 4477 17-A 554 (1) (B-1) Class D TRACY I AUG 0910812011 AUGUSTA Docket Events: 09/20/2012 FILING DOCUMENT - INDICTMENT FILED ON 09/19/2012 TRANSFER - BAIL AND PLEADING GRANTED ON 09/19/2012 TRANSFER - BAIL AND PLEADING REQUESTED ON 09/19/2012 09/20/2012 Charge(s): 1,2 WARRANT- $10,000.00 ON COMP/INDICTMENT ORDERED ON 09/19/2012 M MICHAELA MURPHY , JUSTICE SURETY, OR $1,000 CASH, NO CONTACT WITH DESTINY WATSON, SANDRA YOUNG 09/20/2012 Charge(s): 1,2 WARRANT- $10,000.00 ON COMP/INDICTMENT ISSUED ON 09/20/2012 SURETY, OR $1,000 CASH, NO CONTACT WITH DESTINY WATSON, SANDRA YOUNG 09/20/2012 Charge(s): 1,2 WARRANT - ON COMP/INDICTMENT EXECUTED BY AGENCY ON 09/20/2012 at 07:52 p.m. 09/28/2012 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 09/27/2012 10/01/2012 BAIL BOND- $1,000.00 CASH BAIL BOND FILED ON 10/01/2012 Bail Receipt Type: CR Bail Amt: $1,000 Date Bailed: 10/01/2012 Receipt Type: CK Prvdr Name: JOSEPH REEVE Rtrn Name: JOSEPH REEVE BAIL DISBURSEMENT ON 04/04/2013 CR 200 Page 1 of 7 Printed on: 11/19/2013 JEDIDIAH WATSON AUGSC-CR-2012-00766 DOCKET RECORD Check No. 9743 Check Amount: 1,000.00 Paid To: DISTRICT ATTORNEY'S OFFICE FORFEITED TO DA EXTRADITION ACCT 10/01/2012 Charge(s): 1,2 HEARING - ARRAIGNMENT HELD ON 09/26/2012 CHARLES DOW I JUDGE DA: TRACY DEVOLL Defendant Present in Court READING WAIVED. DEFENDANT INFORMED OF CHARGES. COPY OF INDICTMENT/INFORMATION GIVEN TO DEFENDANT. 21 DAYS TO FILE MOTIONS 10/01/2012 Charge (s) : 1, 2 PLEA - NOT GUILTY ENTERED BY DEFENDANT ON 09/26/2012 10/01/2012 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 12/04/2012 at 08:45 a.m. 10/01/2012 BAIL BOND- $1,000.00 CASH BAIL BOND SET BY COURT ON 09/26/2012 CHARLES DOW JUDGE OR 10,000 SURETY, NO CONTACT WITH DESTINY WATSON OR SANDRA YOUNG 4/16/1981, REVIEWABLE BY ANY JUSTICE ON ENTRY OF APPEARANCE OF COUNSEL, NO CONTACT WITH CHILDREN UNDER 5 YEARS OLD 10/04/2012 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 09/28/2012 NANCY MILLS I JUSTICE COPY TO PARTIES/COUNSEL 10/04/2012 Party(s): JEDIDIAH WATSON ATTORNEY - APPOINTED ORDERED ON 09/28/2012 I Attorney: STEPHEN BOURGET 10/11/2012 MOTION - MOTION FOR EXTENSION OF TIME FILED BY DEFENDANT ON 10/10/2012 10/16/2012 MOTION - MOTION FOR EXTENSION OF TIME GRANTED ON 10/11/2012 JOHN NIVISON JUSTICE Defendant Present in Court I COPY TO PARTIES/COUNSEL 12/04/2012 Charge (s) : 1, 2 TRIAL - DOCKET CALL HELD ON 12/04/2012 DONALD H MARDEN I JUSTICE Defendant Present in Court 12/04/2012 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 02/05/2013 at 09:15 a.m. 01/10/2013 Charge (s) : 1, 2 TRIAL - DOCKET CALL NOTICE SENT ON 01/09/2013 02/05/2013 Charge (s) : 1, 2 TRIAL - DOCKET CALL FTA ON 02/05/2013 02/05/2013 BAIL BOND - CASH BAIL BOND DEFAULTED ON 02/05/2013 Date Bailed: 10/01/2012 CR 200 Page 2 of 7 Printed on: 11/19/2013 JEDIDIAH WATSON AUGSC-CR-2012-00766 DOCKET RECORD BAIL DISBURSEMENT ON 04/04/2013 Check No. 9743 Check Amount: 1,000.00 Paid To: DISTRICT ATTORNEY'S OFFICE FORFEITED TO DA EXTRADITION ACCT 02/05/2013 BAIL BOND - CASH BAIL BOND NOTICE SENT ON 02/05/2013 Date Bailed: 10/01/2012 BAIL DISBURSEMENT ON 04/04/2013 Check No. 9743 Check Amount: 1,000.00 Paid To: DISTRICT ATTORNEY'S OFFICE FORFEITED TO DA EXTRADITION ACCT 02/07/2013 Charge(s): 1,2 WARRANT - $2,500.00 FOR FAILURE TO APPEAR ORDERED ON 02/05/2013 CARL 0 BRADFORD , JUSTICE CASH BAIL, DEFENDANT FAILED TO APPEAR FOR DOCKET CALL 02/07/2013 Charge(s): 1,2 WARRANT- $2,500.00 FOR FAILURE TO APPEAR ISSUED ON 02/05/2013 CASH BAIL, DEFENDANT FAILED TO APPEAR FOR DOCKET CALL 02/07/2013 Charge(s): 1,2 WARRANT - FOR FAILURE TO APPEAR RECALLED ON 02/07/2013 02/07/2013 Charge(s): 1,2 WARRANT - FOR FAILURE TO APPEAR CANCEL ACKNOWLEDGED ON 02/07/2013 at 01:00 p.m. 02/07/2013 Charge(s): 1,2 WARRANT- $2,500.00 FOR FAILURE TO APPEAR ORDERED ON 02/05/2013 CARL 0 BRADFORD , JUSTICE CASH BAIL, NO CONTACT WITH DESTINY WATSON, DOB 9/B/11, DEFENDANT FAILED TO APPEAR FOR DOCKET CALL 02/07/2013 Charge(s): 1,2 WARRANT- $2,500.00 FOR FAILURE TO APPEAR ISSUED ON 02/07/2013 CASH BAIL, NO CONTACT WITH DESTINY WATSON, DOB 9/8/11, DEFENDANT FAILED TO APPEAR FOR DOCKET CALL 03/01/2013 MOTION - MOTION FOR WITHDRAWAL OF CNSL FILED BY COUNSEL ON 03/01/2013 Attorney: STEPHEN BOURGET 03/07/2013 MOTION - MOTION FOR WITHDRAWAL OF CNSL GRANTED ON 03/07/2013 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 03/07/2013 Party(s): JEDIDIAH WATSON ATTORNEY - WITHDRAWN ORDERED ON 03/01/2013 Attorney: STEPHEN BOURGET 04/04/2013 BAIL BOND - CASH BAIL BOND DISBURSEMENT ON 04/04/2013 Date Bailed: 10/01/2012 BAIL DISBURSEMENT ON 04/04/2013 Check No. 9743 Check Amount: 1,000.00 Paid To: DISTRICT ATTORNEY'S OFFICE CR 200 Page 3 of 7 Printed on: 11/19/2013 JEDIDIAH WATSON AUGSC-CR-2012-00766 DOCKET RECORD FORFEITED TO DA EXTRADITION ACCT 06/26/2013 Charge(s): 1,2 WARRANT - FOR FAILURE TO APPEAR EXECUTED BY AGENCY ON 06/26/2013 at 01:42 p.m. 07/01/2013 HEARING - BAIL HEARING HELD ON 06/26/2013 PATRICK ENDE JUDGE Defendant Present in Court I BAIL HEARING HELD 07/01/2013 BAIL BOND - CASH BAIL BOND BAIL RELEASED ON 06/26/2013 Date Bailed: 10/01/2012 BAIL DISBURSEMENT ON 04/04/2013 Check No. 9743 Check Amount: 1,000.00 Paid To: DISTRICT ATTORNEY'S OFFICE FORFEITED TO DA EXTRADITION ACCT 07/01/2013 BAIL BOND- $1,500.00 CASH BAIL BOND SET BY COURT ON 06/26/2013 PATRICK ENDE JUDGE CASH BAIIL OR 10,000 SURETY, NO CONTACT WITH DESTINY WATSON 9/8/11 OR SANDRA YOUNG 4/16/1981, REVIEWABLE UPON APPOINTMENT OF COUNSEL 07/01/2013 BAIL BOND - CASH BAIL BOND COMMITMENT ISSUED ON 06/26/2013 I 07/01/2013 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 08/06/2013 at 01:00 p.m. 07/01/2013 BAIL BOND - CASH BAIL BOND RELEASE ACKNOWLEDGED ON 07/01/2013 Date Bailed: 10/01/2012 BAIL DISBURSEMENT ON 04/04/2013 Check No. 9743 Check Amount: 1,000.00 Paid To: DISTRICT ATTORNEY'S OFFICE FORFEITED TO DA EXTRADITION ACCT 07/01/2013 MOTION - MOTION FOR APPOINTMENT OF CNSL FILED BY DEFENDANT ON 07/01/2013 07/05/2013 MOTION - MOTION FOR APPOINTMENT OF CNSL GRANTED ON 07/02/2013 COPY TO PARTIES/COUNSEL 07/05/2013 Party(s): JEDIDIAH WATSON ATTORNEY - APPOINTED ORDERED ON 07/02/2013 Attorney: JEFFREY TOWNE 07/08/2013 BAIL BOND - $1,500.00 CASH BAIL BOND FILED ON 07/08/2013 Bail Receipt Type: CR Bail Amt: $1,500 Date Bailed: 07/05/2013 CR 200 Receipt Type: CK Prvdr Name: RAY ARFT Page 4 of 7 Printed on: 11/19/2013 JEDIDIAH WATSON AUGSC-CR-2012-00766 DOCKET RECORD Rtrn Name: RAY ARFT *** HOLD BAIL FOR DHS 07/15/2013 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 07/15/2013 Attorney: JEFFREY TOWNE 07/17/2013 MOTION- MOTION TO CONTINUE GRANTED ON 07/16/2013 M MICHAELA MURPHY , JUSTICE COPY TO PARTIES/COUNSEL 07/17/2013 Charge(s): 1,2 TRIAL - DOCKET CALL CONTINUED ON 07/16/2013 M MICHAELA MURPHY , JUSTICE 07/17/2013 TRIAL - DOCKET CALL SCHEDULED FOR 09/04/2013 at 02:30p.m. 08/15/2013 MOTION - MOTION TO AMEND COMPLAINT FILED BY STATE ON 08/15/2013 08/26/2013 MOTION - MOTION BILL OF PARTICULARS FILED BY DEFENDANT ON 08/22/2013 Attorney: 08/27/2013 HEARING - JEFFREY TOWNE MOTION BILL OF PARTICULARS SCHEDULED FOR 09/04/2013 at 02:30 p.m. 08/27/2013 HEARING - MOTION BILL OF PARTICULARS NOTICE SENT ON 08/27/2013 08/28/2013 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 08/27/2013 08/28/2013 MOTION - MOTION TO PRODUCE DHHS RECORD FILED BY DEFENDANT ON 08/27/2013 09/05/2013 MOTION - MOTION TO PRODUCE DHHS RECORD GRANTED ON 09/03/2013 DONALD H MARDEN , JUSTICE COPY TO PARTIES/COUNSEL 09/05/2013 MOTION - MOTION TO DISMISS FILED BY DEFENDANT ON 09/05/2013 09/05/2013 MOTION - MOTION TO CONTINUE GRANTED ON 09/04/2013 DONALD H MARDEN , JUSTICE COPY TO PARTIES/COUNSEL 09/05/2013 HEARING - MOTION BILL OF PARTICULARS CONTINUED ON 09/04/2013 09/05/2013 TRIAL - DOCKET CALL CONTINUED ON 09/04/2013 09/05/2013 Charge (s) : 1, 2 TRIAL - DOCKET CALL SCHEDULED FOR 10/08/2013 at 02:15p.m. 09/05/2013 HEARING- MOTION TO DISMISS SCHEDULED FOR 10/09/2013 at 08:30a.m. NOTICE TO PARTIES/COUNSEL 09/05/2013 HEARING - MOTION BILL OF PARTICULARS SCHEDULED FOR 10/09/2013 at 08:30 a.m. 09/30/2013 MOTION - MOTION TO CONTINUE FILED BY DEFENDANT ON 09/30/2013 Attorney: JEFFREY TOWNE 10/02/2013 OTHER FILING - DHHS RECORD FILED ON 10/02/2013 ON SHELF IN BROWN BOX BEHIND PENNY 10/10/2013 MOTION - MOTION TO CONTINUE GRANTED ON 10/08/2013 CR 200 Page 5 of 7 Printed on: 11/19/2013 JEDIDIAH WATSON AUGSC-CR-2012-00766 DOCKET RECORD M MICHAELA MURPHY I JUSTICE COPY TO PARTIES/COUNSEL 10/10/2013 Charge ( s) : 1, 2 TRIAL - DOCKET CALL CONTINUED ON 10/08/2013 10/10/2013 HEARING - MOTION BILL OF PARTICULARS HELD ON 10/09/2013 JOHN NIVISON I JUSTICE Attorney: JEFFREY TOWNE DA: FERNAND LAROCHELLE Defendant Present in Court PARTIES TO SUBMIT LEGAL AUTHORITY IN CONNECTION WITH MOTION TO DISMISS, PLEASE RETURN TO ME ON 10/16 FOR MOTION TO DISMISS 10/10/2013 MOTION - MOTION BILL OF PARTICULARS UNDER ADVISEMENT ON 10/09/2013 JOHN NIVISON JUSTICE PARTIES TO SUBMIT AUTHORITY 10/10/2013 Charge(s): 1,2 TRIAL - DOCKET CALL SCHEDULED FOR 12/03/2013 at 02:15p.m. I 10/18/2013 OTHER FILING - OTHER DOCUMENT FILED ON 10/18/2013 DA: FERNAND LAROCHELLE STATE'S ARGUMENT 10/21/2013 OTHER FILING - OTHER DOCUMENT FILED ON 10/21/2013 Attorney: JEFFREY TOWNE SUPPLEMENTAL MEMORANDUM IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS INDICTMENT COUNT 1 11/05/2013 HEARING - MOTION TO DISMISS SCHEDULED FOR 12/04/2013 at 08:30 a.m. NOTICE TO PARTIES/COUNSEL 11/19/2013 ORDER - COURT ORDER FILED ON 11/19/2013 JOHN NIVISON JUSTICE THE COURT CONCLUDES THAT WHERE, AS IN THIS CASE, LIABILITY UNDER THE ASSAULT STATUTE IS BASED ON A PERSON CAUSING BODILY INJURY, PHYSICAL FORCE IS A NECESSARY PREREQUISITE FOR THE IMPOSITION OF LIABILITY. BECAUSE THE PARTIES AGREE THAT THE ASSAULT CHARGE IN THIS MATTER IS NOT BASED ON PHYSICAL CONTACT BETWEEN DEFENDANT AND THE ALLEGED VICTIM, THE COURT GRANTS DEFENDANT'S MOTION TO DISMISS AND DISMISSES COUNT 1 OF THE INDICTMENT. 11/19/2013 ORDER - COURT ORDER ENTERED ON 11/19/2013 I 11/19/2013 HEARING - MOTION TO DISMISS HELD ON 10/09/2013 JOHN NIVISON JUSTICE Attorney: JEFFREY TOWNE DA: FERNAND LAROCHELLE Defendant Present in Court 11/19/2013 HEARING - MOTION TO DISMISS NOT HELD ON 11/19/2013 I 11/19/2013 MOTION - MOTION TO DISMISS GRANTED ON 11/19/2013 JOHN NIVISON JUSTICE COPY TO PARTIES/COUNSEL DISMISSED BY ORDER OF JUSTICE NIVISON 11/19/2013 Charge(s): 1 FINDING - DISMISSED BY COURT ENTERED BY COURT ON 11/19/2013 JOHN NIVISON I JUSTICE CR 200 Page 6 of 7 I COUNT 1 Printed on: 11/19/2013 JEDIDIAH WATSON AUGSC-CR-2012-00766 DOCKET RECORD A TRUE COPY ATTEST: Clerk CR 200 Page 7 of 7 Printed on: 11/19/2013

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