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Toscano first contends that the State failed to prove either second degree assault because it did not prove that Ms. 714, 718, 995 P.2d 107 (2000).¶ 9 Second degree assault means to “assault[ ] another with a deadly weapon.” RCW 9A.36.021(1)(c). This is the definition of assault at issue here.¶ 10 Assault requires specific intent to create the apprehension of harm. Though such behavior is certainly reprehensible, it does not rise to the level of intimidation. Sufficient Evidence—Second Degree Assault Charge¶ 7 Ms. “When a statute is unambiguous, it is not subject to judicial construction and its meaning must be derived from the plain language of the statute alone.” Id. A statute's meaning is a question of law and our review is therefore de novo. Toscano's essential argument is that her nonverbal conduct could not have been a threat. Stephenson to argue that she did not threaten the officer because she never made a “verbal statement.” 89 Wash. But the State cannot bring an intimidation charge any time a defendant insults or threatens a public servant.It is having the humility to serve alongside the people who signed up to serve us.It’s the gratitude to serve people who sacrifice day in and day out.
We therefore reverse the conviction for intimidating a public servant and affirm the convictions for the two counts of assault. Toscano's non-verbal conduct was intended as threatening communication to Deputy Voss.¶ 28 Accordingly, I respectfully dissent to reversing Ms.
The following Official Record of Duane Wilson Lyle is being redistributed by and is protected by constitutional, publishing, and other legal rights.
This Official Record was collected from a Law Enforcement agency on 5/18/2013.
Deputy Voss saw Michael Castoreno commit a traffic infraction and he turned on his emergency lights to stop him.
Deputy Voss again changed his course to avoid colliding with Ms. She actually assaulted him with a deadly weapon, her car.
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Susan Marie Gasch, Gasch Law Office, Spokane, WA, for Appellant. Nor do the facts here implicate fair and independent decision-making or corruption by Deputy Voss.¶ 25 Ms.