Elaine Jones v. United States, 172 A.3d 888

Elaine Jones, a 65-year-old homeless woman, slept in a cardboard box at McPherson Square Metro Station and was confronted by Rodney Livingston, who placed his feet on her box and refused to move after being asked.
Jones lit a small corner of her own cardboard box with a cigarette lighter to frighten Livingston into removing his feet; the flame was brief, small, and she extinguished it when it did not work.
No one was injured; only minor singe marks appeared on the toes of Livingston’s socks and a corner of the cardboard was burned.
A bench trial convicted Jones of simple assault (intent-to-frighten) and attempted possession of a prohibited weapon (PPW) for using the lighter as a dangerous weapon.
Jones asserted a defense-of-property justification, arguing she used reasonably necessary force to eject a trespasser from her sleeping space.
The appellate court reviewed whether the government presented sufficient evidence to disprove Jones’s defense-of-property claim beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether lighting the cardboard constituted excessive/unreasonable force in defense of property	Government: Jones used a lighter to ignite flammable material under Livingston’s feet, employing extremely dangerous force and intending to threaten serious bodily injury	Jones: She lit her own property briefly intending only to frighten him off after repeated requests and in absence of police; she extinguished the fire promptly	Reversed — evidence insufficient to show force was unreasonable or excessive; threat to frighten via a brief small fire was lawful defense-of-property here
Whether the lighter was possessed with specific intent to use it unlawfully (PPW)	Government: Jones used the lighter as a dangerous weapon to threaten and thus possessed it with unlawful intent	Jones: Possession was for lawful defense of property — to scare a trespasser, not to commit an unlawful act	Reversed — government failed to disprove lawful defensive use; PPW conviction overturned

Shehyn v. United States, 256 A.2d 404 (D.C. 1969) (person may use reasonably necessary force to eject a trespasser; excessive force converts defense into assault)
Gatlin v. United States, 833 A.2d 995 (D.C. 2003) (reasonable force permitted to protect property when owner reasonably believes it is necessary)
Saidi v. United States, 110 A.3d 606 (D.C. 2015) (government bears burden to prove defendant did not act reasonably in property defense)
Mihas v. United States, 618 A.2d 197 (D.C. 1992) (standard for viewing evidence in light most favorable to sustaining findings)
Brown v. United States, 139 A.3d 870 (D.C. 2016) (limits on using significant or deadly force to protect property)
Douglas v. United States, 859 A.2d 641 (D.C. 2004) (display or threat with a deadly weapon is not necessarily equivalent to actual use for excessiveness analysis)
Williams v. United States, 90 A.3d 1124 (D.C. 2014) (discussing display of weapons in self-defense context)
Stroman v. United States, 878 A.2d 1241 (D.C. 2005) (PPW requires proof of specific intent to use weapon unlawfully)
McBride v. United States, 441 A.2d 644 (D.C. 1982) (possession for lawful self-defense can be a defense to PPW)