On January 1, 2011, Mary Brown (victim) went jogging at 7:00 pm on the route she had been taking for six months and passing the usual houses. Upon reaching 123 Roper Street, a man, John Smith (defendant) ran out, tackled her to the ground, jumped on top of her, and eventually pinned her down. Then the defendant, using a box cutter, stabbed the victim in the face, making a five-inch gash just below her left eye. While cutting the victim, the defendant stated, “I watch you run by here every day and I wave hello to you from my window, but you never wave back. You think you are too pretty to wave at me, well now you will not be pretty anymore.” The defendant’s neighbor, Mike Jones, witnessed the attack and heard everything from his yard, but was too afraid to stop the attack. John Smith has been charged with aggravated malicious wounding.
Mary Brown is a 30-year old mother of two small children that has resided in the neighborhood for six years. She had never met the defendant until the attack. In the four years since the attack, the victim has endured facial numbness, partial paralysis, and plastic surgery. Every day Mary is reminded of the terrible encounter with John Smith by the permanent five-inch scar, he placed on her face.
Trial has been continued several times and the medical expert will not be available to testify. Therefore, the trial will continue on August 1, 2015, without that testimony.
1. Under Va. Code Ann. § 18.2-51.2 (1991), Can a person be found guilty of aggravated malicious wounding when he attacks a woman in an unprovoked manner and slices her face open with a box cutter, leaving a five inch scar?
2. Under Virginia law, what is the difference between aggravated malicious...
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... and permanent requirement of Va. Code Ann. § 18.2-51.2. (1991).” As with the other cases John Smiths actions, clearly display severity of injuries and significant physical impairment.
Consequently, the nature of Mary Brown’s injuries is undisputable. Certainly, all of the elements of aggravated malicious wounding have been presented, explicated, and linked to the events that occurred on the evening of January 1, 2011, when Mary Brown was senselessly attacked and mutilated by the defendant, John Smith. After over four years, Mary Brown continues to receive a daily and vivid reminder of her attack, by the scar that remains on her face. Based on evidence of the defendant’s actions, undoubtedly, the courts will agree, that the facts presented clearly prove, beyond a reasonable doubt, that the defendant is guilty of aggravated malicious wounding.
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