State v. Williamson
The State appealed an order dismissing an aggravated assault charge under Florida Rule of Criminal Procedure 3.190(c)(4), where the trial court found bodycam footage showed the defendant brandishing an airsoft gun but no 'overt act' intended to place the officer in fear. The Fifth DCA reversed, holding that resolving all inferences in the State's favor, the defendant's act of pulling out and waving an apparent firearm while ignoring commands and advancing toward the officer created a disputed factual issue of intent sufficient to establish a prima facie case, which should be left to the jury rather than decided on a motion to dismiss.
Key facts
- Defendant was charged with aggravated assault after an incident involving a police officer; bodycam footage showed defendant pulling out and waving an object while ignoring commands and advancing toward the officer.
- The trial court granted defendant's motion to dismiss under Florida Rule of Criminal Procedure 3.190(c)(4), finding the bodycam footage showed defendant brandished an airsoft gun but demonstrated no 'overt act' intended to place the officer in fear.
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Why it matters
This opinion reinforces the demanding standard for sufficiency of a Rule 3.190(c)(4) motion to dismiss in criminal cases, emphasizing that questions of intent—even where video evidence exists—are for the jury, not the… — full analysis with a trial
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