In this appeal from appellant’s adjudication of delinquency for assaulting a police officer with a deadly or dangerous weapon, D.C.Code § 22-405(b), we are presented with the question whether human teeth qualify as such a weapon. We hold that, under the circumstances revealed on this record, the teeth appellant used to bite the officer constituted a deadly or dangerous weapon, that is, an object likely to cause death or great bodily injury in the manner of its use, threatened use, or attempted use. Accordingly, the judgment of the trial court is affirmed.
I.
The petition of delinquency the District of Columbia filed charging appellant D.T. with assaulting a police officer with a deadly or dangerous weapon arose from the events of September 23, 2005, which are largely undisputed on appeal. Officers Anthony Covington and Todd Korson were on patrol in uniform in Southeast Washington, D.C., that day when, at around 3:00 p.m., they received a call that shots had been fired in the vicinity of the D.C. Alternative Learning Academy located at the 4200 block of Ninth Street in Southeast. The lookout was for a black male wearing blue jeans, a black hat, black boots and a black t-shirt. As the officers approached the 4200 block, Officer Covington spotted an individual matching that description and who looked like he had been running. Officer Korson approached that individual, appellant in this matter, and attempted to stop him in order to lead him away from the area. Appellant resisted by jerking his arm away from the officer, and assumed a defensive posture. Appellant’s behavior increased the officers’ suspicions that he was the suspect with the gun. The officers then attempted to subdue appellant by grabbing his arms. A struggle ensued, with apрellant kicking and swinging at the officers, during the course of which all three of them fell to the ground. While the officers were attempting to pin appellant to the ground, appellant continued to resist, striking and spitting on them. While Officer Covington was kneeling down on the ground in a continuing attempt to subdue appellant, appellant lunged forward and bit Officer Covington in his upper, inner right thigh.
The officers thereafter gained control of appellant and handcuffed him. While being led away, appellant threatened the officers and their families. Officer Covington then inspected the bite wound, and noticed that appellant had bitten through his pants and punctured the skin. Officer Covington was bleeding from the wound and bite marks were visible. He was taken to the Police and Fire Clinic by squad car, where the wound was cleaned, blood was drawn, he received a tetanus shot and was started on anti-hepatitis and HIV medication. The wound required no stitches, and he did not receive treatment at any other facility. Officer Covington was placed on leave for five to six days and received a six and one-half month course of prophylactic anti-viral treatment. The prosecutiоn presented no evidence that appellant was infected with HIV, hepatitis or any other communicable disease.
On September 24, 2005, appellant was charged with one count of assaulting a police officer, D.C.Code § 22-405(a), and one count of assaulting a police officer using a deadly or dangerous weapon,
In this appeal, appellant challenges only his adjudication of delinquency for assaulting a police officer with a deadly or dangerous weapon. He contends that the judgment should be reversed because: (i) teeth, as a matter of law, cannot be a dangerоus weapon under D.C.Code § 22-405(b), and (ii) even if teeth can be a dangerous weapon, appellant’s teeth did not function as such in this case.
II.
a.
The question of whether the legislature has included human teeth within the scope of “deadly or dangerous weapon” is a question of law this court reviews de novo. District of Columbia v. Economides,
The criminal statutes of the District of Columbia enumerate two categories of dangerous weapons: (i) items that are dangerous per se, and (ii) items that are not inherently dangerous, but may become so under the circumstances. Dorsey v. United States,
“Whether an object or material which is not specifically designed as a dangerous weapon is a ‘dangerous weapon’ under an aggravated assault statute ... is ordinarily a question of fact to be determined by all of the circumstances surrounding the assault.” Williamson, supra,
While we have said that “any object” may constitute a dangerous weapon under an aggravated assault statute when used in a manner likely to cause great bodily harm, and that an object’s dangerousness is ordinarily a question for the jury, we have also made clear that the legislature has categorically excluded certain objects and instrumentalities from the scope of the term “dangerous weapon.” For example, in Edwards, supra,
When interpreting a statute, this court first looks to the plain meaning of the statutory language. Boyle v. Giral,
As we held in Edwards, however, that an object has the ability to inflict serious bodily harm, and has been used to that end in a particular instance, does not, ipso facto, make it a dangerous weapon. Edwards, supra,
Appellant points to several factors he believes demonstrate that the legislature intended to exclude body parts, including human teeth, from being deadly or dangerous weapons under D.C.Code § 22-405(b). First, appellant contends that our decision in Edwards affixed an interprеtation to “dangerous weapon” that compels this court to exclude human teeth from the meaning of the term. Next, appellant argues that consideration of related statutory provisions makes clear that the legislature did not intend that body parts be treated as dangerous weapons, and that a contrary approach would “wreak havoc on the numerous statutory provisions that delineate weapons offenses.” Finally, appellant urges that secondary canons of statutory construction support his position. None of appellant’s рositions is persuasive.
Summarizing our decision in Edwards, appellant argues that we held in that case that a dangerous weapon is an “portable, external” object or instrumentality an assailant may possess or with which he may arm himself. Citing Edwards, as well as this jurisdiction’s “shod foot” cases, appellant contends that human teeth cannot be dangerous weapons because they are not external, cannot be possessed and are not something with which a person may be “armed.” See Arthur, supra,
Appellant misconstrues our ruling in Edwards. The holding in Edwards that stationary bathroom fixtures are not dangerous weapons simply does not support appellant’s contеntion that human teeth cannot be a dangerous weapon. Nowhere in the opinion did we suggest that a dangerous weapon must be external. Human teeth are not fixed and stationary. And we see nothing inconsistent about the idea of “possessing” teeth.
Nor, contrary to appellant’s contention, are our “shod foot” cases (in which we held that a “shod” foot could be a dangerous weapon) “impliedly premised” on the idea that body parts could not qualify as dangerous weapons. See, e.g., Anderson v. United States,
Appellant next argues that the use of the term “dangerous weapon” in other parts of the District’s Criminal Code shows that the legislature did not intend that body parts be considered dangerous weapons, and that holding teeth to be a dangerous weapon under D.C.Code § 22-405(b) would disrupt the statutory scheme. Appellant points to other statutory provisions, including D.C.Code §§ 22-4502(a) and -4514(b), which list examples of dangerous weapons such as a dagger, stiletto, razor, pistol, shotgun, bowie knife, switch
Appellant correctly points out that other statutory sections list items, such as daggers, switchblades, etc., that give context to the meaning of the phrase “dangerous weapon” contained therein. See D.C.Code §§ 22-4502(a), -4514(b). The provision at issue in this case, D.C.Code § 22^405(b), contains no such listing. Nevertheless, D.C.Code §§ 22-4502(a) and -4514(b) not only present a non-exhaustive list of weapons readily classifiable as dangerous per se, but their enumerаtion of portable, hand-held items bears little relationship to objects we have held may be dangerous weapons, such as automobiles.
Nor will our decision create “absurdities” in the enforcement of other criminal prohibitions. Just as a burglar is not guilty of burglary “while armed” merely because he enters the dwelling with shod feet, neither does the burglar commit the crime “while armed” because she possesses teeth during the break-in. In cases where the item in question — be it an automobile, a chair leg, or human teeth — is not inherently dangerous, “while armed” liability attaches where the offender is “armed with” the object or has it “readily available” and where the object is likely under the circumstances to produce death or great bodily injury in the manner in which it is used, intended to be used, or threatened to be used. D.C.Code § 22-4502; Williamson, supra,
We hold, in summary, that human teeth may, as a matter of law, be a “deadly or dangerous weapon” under D.C.Code § 22-405(b). We reach that conclusion having determined that human teeth fit comfortably under the plain meaning of the term dangerous weapon, and after considering our сase law,
b.
Having determined that whether appellant assaulted Officer Covington using a “deadly or dangerous weapon” was properly a question for the trier of fact, we now
“When this court considers a claim of evidentiary insufficiency, it must view the evidence in the light most favorable to the government....” In re E.H.,
This court has interpreted the term “great bodily injury” to be equivalent to the term “serious bodily injury,” which describes “bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protected and obvious disfigurement, or protected loss or impairment of the function of a bodily member, organ, or mental facility.” Alfaro, supra,
In Rivera v. United States,
Here, appellant was on the ground struggling with Officer Covington as the latter was attempting to subdue him. Violently resisting the officers, appellant lashed out with the one wеapon that was available to him, his teeth. Lunging forward toward whatever part of Officer Covington’s body was within his reach — his upper thigh and groin — appellant bit through his pants and tore into Officer Covington’s skin, leaving teeth marks and a bleeding wound. Officer Covington’s treatment included a six-month course of anti-viral drugs. The injury was no less serious than the one the police officer suffered in Rivera, and occurred around a more dangerous location, the groin. Officer Covington did not actually suffer great bodily injury from the bite. But aware of the dangerousness of teeth as a weapon, and viewing the evidence in the light most fаvorable to the government, we cannot say that no rational trier of fact could
III.
Because there was sufficient evidence to support the finding that appellant assaulted a police officer using a deadly or dangerous weapon, his teeth, the judgment of the trial court is affirmed.
So ordered.
Notes
. Appellant apparently seizes on our statement in Edwards that the bathroom fixtures were "not something which Edwards could possess or with which he could arm himself as he went looking for his victim." Edwards, supra,
. D.C.Code § 22-4502(a) provides for an enhanced penalty for: “Any person who commits a crime of violence, or a dangеrous crime in the District of Columbia when armed with or having readily available any pistol or other firearm (or imitation thereof) or other dangerous or deadly weapon (including a sawed-off shotgun, shotgun, machine gun, rifle, dirk, bowie knife, butcher knife, switchblade knife, razor, blackjack, billy, or metallic or other false knuckles.)’’ D.C.Code § 22-4514(b) provides: "No person shall within the District of Columbia possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto, or knife with a blade longer than 3 inches, or other dangerous weapon.”
. It is true that in Edwards this court applied the maxim of statutory construction ejusdem generis (the principle that where general words follow specific words in a statute, the general words are construed to embrace objects similar in nature to those enumerated by the preceding specific words) to infer that the meaning of the phrase "dangerous weapon” in the context of the list of weapons (daggers, stilettos, etc.) did not include stationary bathroom fixtures. Edwards, supra,
. Although we have attempted to define the criminal code’s uses of the term "dangerous weapon" consistently, see Harper v. United States,
. We also do not find compelling appellant’s argument that the legislature did not intend teeth to be a dangerous weapon, as it would render meaningless the distinction between aggravated assault and aggravated assault while armed, because every attack with human teeth causing serious bodily injury necessarily involves using them in a manner likely to cause such harm. The criminal laws of the
. We note in passing that our predecessor court affirmed a conviction for assault with a deadly weapon where the assailant bit his victim with his teeth. Parman v. United States, 130 U.S.App. D.C. 188,
. Although the aforementioned authorities have shaped our decision exclusively, we note that other jurisdictions have endorsed our approach, if not uniformly. Compare United States v. Sturgis,
