Commonwealth V. Jones

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To: Carmen Ghia, Supervisory Attorney From: Samantha Mefford, Research Paralegal Date: December 11, 2014 Re: Commonwealth v. Jones Re: Assault with a dangerous weapon (Lighting) Statement of Assignment You have asked me to prepare a memorandum addressing the following question: Whether there is sufficient basis to support the assault by means of a dangerous weapons charge? Issues Issue I: Under the assault and battery with a dangerous weapon statute in Massachusetts, does a person commit assault and battery with a dangerous weapon, when the person ties another to a lightning rod, when there is an electrical storm? Answer Issue I: Yes. Though the statute of Massachusetts dealing with assault and battery does not deal directly with what constitutes as a dangerous weapon, case law has established that an instrument intended to cause harm is a dangerous weapon under the law. Facts Mr. Jones had a relationship with Elizabeth Steward, which consisted of many instances of domestic violence. On April 5th, after drinking and arguing, Mr. Jones dragged Mrs. Steward outside. Ms. Steward was then tied to a lightning rod, during the course of a violent electrical storm. While tying her to the pole he stated, “I’ll fix you, you’re gonna fry.” Lightning did not strike the pole. Analysis The state of Massachusetts has established a standard regarding assault and battery with a dangerous weapon. Statutory law, regarding Assault and Battery with Dangerous Weapon states, ”Whoever by means of a dangerous weapon, commits assault and battery upon another shall be punished by imprisonment…” G.L. c. 265, §15A. This law however, does not define the requirements of what a dangerous weapon is under the law. In the case of Commonwealth v. Shea, the court ruled on the issue of what a dangerous weapon is under the law. In Commonwealth v. Shea, a man threw two women

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