[DV_listserv] Strangulation question

[Domestic Violence issues]

Hello all,

Our new deputy DA, who I've yet to reach out to add to this listserve, posed the following question regarding felony strangulation and so I'm reaching out for input-

We have a 12 year old child who was strangled by stepdad.  Our deputy is wondering if we can indict it as a felony based on the 12 year old witnessing/ perceiving his own strangulation per 163.187(4)(a).  My assessment is no, because I think the enhancement is there to capture the harm uninvolved children suffer by being witness to DV, but if other jurisdictions are prosecuting felony strangulations under this theory I'd like to hear more about it.

Thoughts?

Thanks,

Bren

Brentley S. Foster, Chief Deputy District Attorney
Jefferson County District Attorney's Office
129 SW E Street Ste 102
Madras, OR 97741
W: (541) 475-4452 X 4127
C: (541) 777-4511

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