Perry v. United States
36 A.3d 799
| D.C. | 2011Background
- Reginald and Darrell Perry were convicted at a second trial of assault, aggravated assault while armed (AAWA), and assault with a dangerous weapon (ADW) for a large group assault on Jarrell Rogers; Reginald was also charged with bottle-related weapons offenses but was acquitted on those.
- At the first trial, multiple counts were tried; the jury mistrial ended with Darrell acquitted of the ADW (bottle) and hung on other charges.
- The second trial combined counts for a shod-foot assault (mayhem, AAWA, ADW) against both brothers, with Reginald additionally charged on bottle-related ADW and PPW; they were convicted of assault, AAWA, and ADW, with Reginald acquitted on bottle charges.
- The trial court instructed the jury under the prior Red Book aiding-and-abetting standard, which this court later found improper in Wilson-Bey for premeditated murder cases.
- The appellate court held that the ADW instruction was not clearly erroneous, but the aggravated assault instruction was plainly erroneous under Wilson-Bey, reversing the AAWA convictions and remanding for proceedings; Darrell and Reginald’s ADW convictions remained affirmed.
- On plain-error review, the court reversed the AAWA convictions, remanded for further proceedings, and affirmed simple assault and ADW convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Wilson-Bey apply to AAWA convictions? | Perry argues Wilson-Bey applies to AAWA. | Government contends Wilson-Bey limits to specific-intent crimes; not to general-intent offenses like AAWA/ADW. | AAWA reversed; ADW affirmed under Wilson-Bey analysis. |
Key Cases Cited
- Wilson-Bey v. United States, 903 A.2d 818 (D.C. 2006) (accomplice liability cannot be based on 'natural and probable consequences' when specific mens rea is required)
- Kitt v. United States, 904 A.2d 348 (D.C. 2006) (overturned felony murder conviction where specific intent to kill was required)
- Coleman v. United States, 948 A.2d 534 (D.C. 2008) (extension of Wilson-Bey to second-degree murder considerations)
- Frye v. United States, 926 A.2d 1085 (D.C. 2005) (discusses mens rea concepts in assault contexts)
- Ingram v. United States, 592 A.2d 992 (D.C. 1991) (addressed aiding-and-abetting intent in armed offenses and foreseeability)
- Gathy v. United States, 754 A.2d 912 (D.C. 2000) (articulates elements of ADW and the role of dangerous weapons)