28 A.3d 395
Del.2011Background
- Bethard argued to the Superior Court that there was insufficient evidence to convict him of aggravated menacing.
- The offense required displaying what appears to be a deadly weapon and placing another in fear of imminent physical injury.
- During an argument with his wife, Bethard retrieved kitchen knives and struck his arm while threatening to involve police.
- Esslinger, with others present, reported Bethard had a weapon; Captain Simpson arrived, observed Bethard with a hand in his pocket, and ordered him to show his hands.
- Simpson testified he believed Bethard had a weapon after Bethard pulled a 'dark object' from his pocket while lunging toward Simpson, who shot him with a single round.
- The trial court denied the motion for judgment of acquittal; the jury convicted Bethard of aggravated menacing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of aggravated menacing | State argues there was an objective weapon manifestation plus subjective belief of weapon | Bethard contends no object appeared to be a deadly weapon and no display occurred | Yes; evidence supported conviction |
Key Cases Cited
- Word v. State, 801 A.2d 927 (Del. 2002) (two-prong standard: subjective belief and objective manifestation)
- Deshields v. State, 706 A.2d 502 (Del. 1998) (sufficient objective display when weapon evident beneath clothing)
- Knight v. State, 690 A.2d 929 (Del. 1996) (credibility and evidence assessment for acquittal rulings)
- Winer v. State, 950 A.2d 642 (Del. 2008) (standard for reviewing denial of judgment of acquittal)