836 N.W.2d 579
Minn. Ct. App.2013Background
- Weyaus was charged with second-degree assault with a dangerous weapon, third-degree assault, and fifth-degree assault for events July 25–26, 2011.
- The alleged weapon was a child’s folding stadium chair; B.S. testified he was struck with the chair, suffering injuries.
- L.M. testified that Weyaus and others attacked B.S. at a party, with L.M. describing two chair blows and a confrontation that followed.
- Police and EMS located the chair, found B.S. unconscious with facial/head injuries, and documented a blood‑stained vehicle and broken windows.
- An emergency room physician treated B.S. for concussion, scalp hematoma, and other injuries; B.S. testified he recovered by trial but could not recall the incident.
- The district court admitted the chair into evidence; Weyaus waived the right to testify; the jury convicted on all counts and the court entered judgment on second-degree assault with a dangerous weapon.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the dangerous-weapon instruction erroneous? | Weyaus contends the instruction mirrored CRIMJIG 13.10 but used 'known to be capable' instead of the statute's 'calculated or likely'. | Weyaus argues the substitution misstated the statutory standard and misled the jury. | No error; instruction correctly stated the law. |
| Was the evidence sufficient for second-degree assault with a dangerous weapon? | Weyaus asserts the chair was not a dangerous weapon given the injuries. | Weyaus claims the manner of use did not show 'calculated or likely' to produce great bodily harm. | Yes; evidence was sufficient to support the conviction. |
Key Cases Cited
- State v. Scruggs, 822 N.W.2d 631 (Minn. 2012) (plain-error standard for unobjected jury instructions)
- State v. Hayes, 831 N.W.2d 546 (Minn. 2013) (judicial instructions and plain-error review framework)
- State v. Graham, 366 N.W.2d 335 (Minn. App. 1985) (dangerous-weapon instruction and dilution risk)
- State v. Jensen, 373 N.W.2d 364 (Minn. App. 1985) (advisory nature of prior dictum on CRIMJIG language)
- State v. Gebremariam, 590 N.W.2d 781 (Minn. 1999) (CRIMJIG 13.06 language vs. statutory dangerous-weapon definition)
- State v. Basting, 572 N.W.2d 281 (Minn. 1997) (dangerous-weapon determination depends on use and context)
- State v. Upton, 306 N.W.2d 117 (Minn. 1981) (examples of objects becoming dangerous weapons when used)