[DV_listserv] Fwd: List Serve

[Domestic Violence issues]

See below please.

Sent from my iPhone

Begin forwarded message:

From: Brooks McClain <Brooks.McClain at co.jefferson.or.us<mailto:Brooks.McClain at co.jefferson.or.us>>
Date: July 13, 2017 at 11:15:29 AM PDT
To: Greenawald Erin S <erin.greenawald at doj.state.or.us<mailto:erin.greenawald at doj.state.or.us>>
Subject: List Serve

Erin,

I was wondering if you could post a question on the DV list serve for me? I am currently in the middle of a bench trial and the defendant is charged with unlawful use of a weapon. The incident involved the defendant obtaining a small kitchen pot, shoving it into the victim’s face, and threatening to knock her out with it. I rested my case and the defense has moved for judgment of acquittal based upon the fact that I have not proven that the pot was a dangerous weapon. We have been set over for another day to finish the trail, but in the meantime, the judge has asked that each party provide case law on whether or not a pot can be considered a dangerous weapon before he makes his ruling? Just wondering if anyone knows of case law that might be on point? Thanks.

Brooks C. McClain │ Deputy District Attorney
Jefferson County District Attorney’s Office
129 SW E St., Suite 102
Madras OR 97741
Telephone: 541.475.4452 x4109
Fax: 541.475.4512
e-mail: brooks.mcclain at co.jefferson.or.us<mailto:brooks.mcclain at co.jefferson.or.us>


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