State v. Laurence Stewart II, 363 P.3d 1140

On Nov. 1, 2012, Trooper DeJong stopped Laurence Stewart for speeding; Stewart fled in his car and a pursuit ensued.
During the chase Stewart tossed multiple homemade pipe bombs from his vehicle; several detonated near patrol cars, producing shrapnel and concussive force.
Officers kept distance, several testified they feared for their lives; no officers were physically injured.
Stewart was arrested; ATF later found nine undetonated pipe bombs in and near his car.
State charged Stewart with seven counts of attempted deliberate homicide; at trial the court refused a requested misdemeanor assault lesser-included instruction but gave attempted aggravated assault; jury convicted on all seven attempted deliberate homicide counts.
Stewart appealed, arguing the court erred by withholding misdemeanor assault as a lesser-included offense; Montana Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred in refusing to instruct misdemeanor assault as a lesser-included offense of attempted deliberate homicide	State: evidence showed risk of serious bodily injury or death, so lesser instruction unwarranted	Stewart: evidence could support only fear of (or attempt to cause) mere bodily injury; jury should decide; lack of expert proof of bomb force favors misdemeanor assault instruction	Court held no error: pipe bombs’ manifest dangerousness and officers’ proximity supported only aggravated assault or attempted deliberate homicide; refusal was not an abuse of discretion

State v. Johnson, 344 Mont. 313 (Mont. 2008) (standard for abuse of discretion review of jury-instruction refusals)
State v. McLaughlin, 351 Mont. 282 (Mont. 2009) (jury instructions reviewed to ensure they fully and fairly state applicable law)
State v. Cameron, 326 Mont. 51 (Mont. 2005) (two-prong test for lesser-included-offense instruction)
State v. Castle, 285 Mont. 363 (Mont. 1997) (defendant may be convicted of greatest included offense proven beyond reasonable doubt)
State v. Feltz, 355 Mont. 308 (Mont. 2010) (factors supporting misdemeanor-assault instruction where weapon size, display, and statements were disputed)
State v. Reiner, 179 Mont. 239 (Mont. 1978) (refusal to give misdemeanor-assault instruction proper where conduct clearly warranted fear of serious bodily injury)
State v. Gopher, 194 Mont. 227 (Mont. 1980) (discussing jury conviction of a crime when lesser alternatives are not given)