Adams v. Commonwealth

534 S.E.2d 347 (2000)

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Nature of the Case

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Facts

While on duty at the Gloucester County High School, Sergeant Giles was struck in his right eye by a laser light owned by D, who was a twelfth-grade student at the school. Giles had been talking with another officer, and the school nurse when he felt a 'stinging sensation' in his eye. Sergeant Adams told Giles that D had 'just lit him up,' as there was 'a red dot' on him. Giles approached D and asked what he had. D said, 'It can't hurt you,' and handed over the laser light, which was attached to his keychain. Giles had his eye checked the next morning by a local doctor who found 'heavy irritation' but no other injury. D was brought to trial for assault and battery. D had purchased the laser light for six dollars at a convenience store two days before the offense. He said it had no warning on it regarding use and that he had not been hurt when hit in the eye by the light. D denied hitting Giles in the face or eye and claimed he had not intended to strike Giles with the light but, instead, was 'just goofing off' to get Adams' attention by waving the laser around. D did not get along well with Sergeant Giles. He stated that Giles had previously given him a hard time. The trial court found D guilty, and D appealed.