North Dakota v. McCreary
Annotate this CaseMichael Jon McCreary appealed after a jury found him guilty of aggravated assault with a dangerous weapon. On April 6, 2019, McCreary was attending an event at a hotel in Williston, North Dakota. J.P., the victim, was working as a security guard for the hotel. During the course of the night, McCreary was involved in an altercation with another guest behind the hotel. At one point, J.P.’s attention was drawn away from McCreary. When J.P. turned back, McCreary swung a “cylinder object” and struck J.P. in the forehead. J.P. described the object as “something very similar to a Maglite” although he “didn’t see the head of the flashlight itself.” Photographs were introduced showing a large, dark-colored flashlight “approximately one foot in length” attached to a holster on McCreary’s hip earlier in the night. On appeal, McCreary contended the evidence was insufficient to support his conviction, arguing the flashlight used in the assault was not a “dangerous weapon” as defined by N.D.C.C. 12.1-01-04(6). The North Dakota Supreme Court affirmed, concluding a flashlight could be considered a dangerous weapon under N.D.C.C. 12.1-01- 04(6), and sufficient evidence supported McCreary’s conviction.
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