State v. Jimerson

618 P.2d 1027 (Washington 1980)

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Nature of the Case

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Facts

Jimerson's (D) car spun out on some ice. D was approached by two off-duty police officers who suggested he drive more carefully. D started to get out of the car and was pushed back in by the policemen. The police drove away, and D did too. D then turned around and drove rapidly toward the policemen, who evaded the car by climbing an embankment. One officer shot the car, but no one was hurt. The car swerved toward the officers but missed them. D was arrested and tried for second-degree assault; knowingly assaulting another with intent to injure. D testified that he did not intend to run down the policemen, but only to splash them with mud. D claims he swerved in a reflex action from seeing the revolver. The trial court rejected this testimony and refused to instruct the jury on simple assault. D was convicted and appealed; the failure to instruct on simple assault was reversible error.