Court: Floor Not a Weapon
United Press International
Jan 03, 2011
The Washington State Supreme Court has ruled a floor is not a weapon, tossing the assault conviction of a mixed martial arts fighter involved in a bar fight.
The high court handed down its ruling Thursday, Seattlepi.com reported. The justices vacated James Michael Marohl's third-degree assault conviction.
The victim, who had been drinking heavily at the Little Creek Casino in Mason County had a prosthetic arm, court documents said.
He was trying to leave after being cut off by the bartender when he knocked over a chair, almost hitting someone in Marohl's party.
Prosecution witnesses said Marohl choked the man and forced him down to the floor. Defense witnesses said Marohl was trying to help the man get to the door when he tripped and they both landed on the ground.
In any case, the man passed out for several minutes and the impact damaged the prosthetic.
The court said that in either case the floor could not be considered a weapon as prosecutors suggested.
"The issue in this case is whether a floor is an instrument or thing likely to produce harm when the defendant causes the victim to impact the ground," the court said. "The plain meaning of the statute is unambiguous -- under these circumstances, the casino floor was not similar to a weapon, nor was it likely to produce bodily harm."
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Copyright 2011 by United Press International
