State of Maine v. J.H.: Aggravated Assault
by John on January 5, 2016
Defense Attorney: John Scott Webb
Offense: Aggravated Assault with a Dangerous Weapon; Driving to Endanger
Maximum Sentence: Aggravated Assault with a Dangerous Weapon (10 years) Driving to Endanger (1 year)
Issues: Lack of Credibility of Lay Witnesses and Duress
Client and a friend were camping up north. During dinner at a local restaurant they met some “locals” who invited them to a party, which ended with the Client and friend running from the party, being chased by more than ten of the local people.
Client and friend jumped into their truck, and very quickly swung truck (now surrounded by party goers) into the street. The Client then threw the truck into gear and sped off down the street. One of the local party goers was run over by the truck and is now a paraplegic. Client then lead police on an extended chase before being stopped and arrested. The state’s witnesses included the paraplegic individual, most of the people who were present at the accident scene, including neighbors who witnessed the event, the Maine State Police lead detective and the local police investigators.
The defense called two witnesses, the Client and the friend. The friend and the Client told of how they feared for their lives. The friend stated that he kept looking back at the vehicle behind them and thought it was the local individuals chasing them, not the police.Verdict:
Not Guilty of Aggravated Assault (felony charge), guilty of Driving to Endanger (misdemeanor driving charge)