Jones v. United States
67 A.3d 547
| D.C. | 2013Background
- Appellant Jones and Cerice Allen argued over custody of Allen's daughter, Jones's granddaughter.
- Jones pulled Allen's hair to prevent her from taking the child onto a bus; a struggle ensued with bystander protections.
- Witness Kameron Smith observed Jones punch Allen; both women fell to the ground and the child was injured.
- Jones discharged pepper spray into Allen's face while Allen was on the ground; Smith testified about the incident.
- Jones was charged with assault, attempted possession of a prohibited weapon (PPW (b)), and second-degree cruelty to children.
- Non-jury trial on December 20, 2011 resulted in convictions for cruelty and assault; conviction for attempted PPW (b) was later at issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for second-degree cruelty to children | Jones argues lack of mens rea; intent to protect child negates cruelty. | Government contends recklessness suffices; evidence shows grave risk to child. | Affirmed for cruelty to children |
| Sufficiency of evidence for attempted PPW (b) regarding pepper spray | Jones contends pepper spray not a dangerous weapon under PPW (b) and not proven dangerous per se. | Government argues pepper spray is a weapon potentially dangerous per se or by use; evidence insufficient on danger. | Reversed and vacated for attempted PPW (b) |
Key Cases Cited
- Gerald Smith v. United States, 813 A.2d 216 (D.C.2002) (intent not required for certain second-degree cruelty to children if recklessness shown)
- Mitchell v. United States, 64 A.3d 154 (D.C.2013) (sufficiency of evidence for second-degree cruelty where grave risk shown)
- Coffin v. United States, 917 A.2d 1089 (D.C.2007) (conduct creating grave risk sufficient for second-degree cruelty)
- Swinton v. United States, 902 A.2d 772 (D.C.2006) (extreme physical pain standard for PPW, not merely significant pain)
- Jackson v. United States, 940 A.2d 981 (D.C.2008) (standard for extreme physical pain in aggravate context; injuries documented)
- Alfaro v. United States, 859 A.2d 149 (D.C.2004) (definition of extreme physical pain in PPW context)
- In re D.T., 977 A.2d 346 (D.C.2009) (dangerous per se weapons and non-exhaustive list interpretation)
- Reed v. United States, 584 A.2d 585 (D.C.1990) (dangerous per se weapons discussion in PPW context)
- Bolanos v. United States, 938 A.2d 672 (D.C.2007) (extreme physical pain and injury evidentiary standards in PPW context)