Assault w/ Intent to Murder, Assault and Battery w/ a Dangerous Weapon (minivan) - Not Guilty (both counts)

DW, a 39-year-old machine technician, was accused of intentionally hitting his boss with a car. Based on the incident, the government charged DW with Assault a with Intent to Murder and Assault and Battery w/ a Dangerous Weapon (ABDW).

Here is what happened: DW worked for a company that services point-of-sale machines, such as ATMs and kiosks. He had worked for the company for ten years. DW and his boss met in a parking lot of a shopping plaza. Boss and DW drove separately to the parking lot - both men had been working at various jobs throughout the day. The chosen location was a familiar spot for company employees, as it is centrally located and close to a shipping facility. Boss sat in the passenger seat of DW's car, a minivan. The purpose of the meeting was to discuss DW's monthly performance review. DW's review was positive, with one exception. Boss told DW that DW needed to improve his punctuality. DW disagreed, and explained that his tardiness was a result of the underestimation of time necessary to complete certain jobs.

As the meeting concluded Boss got out of DW's car and walked to the shipping facility. Boss stayed in the shipping facility for 5 minutes. As Boss exited the facility and walked toward his car (which was parked diagonally in front of DW's car), DW's vehicle lurched forward at a high rate of speed. The car struck Boss. Boss was thrown over the hood of his car. Boss landed on his feet, then got into his car. Both Boss and DW called 9-1-1. Surveillance video from a local business captured the incident.

The police arrived. Boss told the police that DW hit him intentionally. Boss was taken to the hospital, he suffered bruises. Boss offered the opinion that DW did so because he was unhappy about the performance review. DW, a soft-spoken and barely audible man, told the police that it was a mistake. The police believed Boss. DW was charged with Assault with Intent to Murder and Assault and Battery with a Dangerous Weapon.

Not surprisingly, DW lost his job. For two years the case languished in the court system. Henry was retained to represent DW. He was the third lawyer on the case.

Faced with the decision of plea or trial, DW insisted on having a Jury Trial. He maintained that he had no intent to hit Boss with his car. "Intent" became the focal point of the trial as the government had the burden to prove that DW had the specific intent to Murder the boss and the specific intent to hit the boss with the car. DW testified at trial.

DW was found Not Guilty on both counts.

If you or a friend/family member is accused of a violent crime, call Attorney Henry Fasoldt. He routinely helps people facing charges of violence.