Criminal
Taser was a dangerous instrument
The elements of class A felony assault in the first degree included a knowing, substantial step toward a substantial risk of death or protracted loss or impairment of the body. The defendant’s conduct raised a presumption that the defendant intended the natural and probable consequences. The state showed that a taser can be lethal, especially when used without training, so a jury could find that a taser was a dangerous instrument. The defendant used the taser to cause the victim to lose control of the victim’s upper body in the course of attempting to escape custody. The victim was a corrections employee. The circuit court did not err in convicting the defendant of first-degree assault on a special victim and armed criminal action.
STATE OF MISSOURI, Plaintiff-Respondent vs. MICHAEL RAY DURISON, Defendant-Appellant
Missouri Court of Appeals-Southern District – SD38257