Date: 03-01-2013

Case Style: Kenneth Ched Bouie v. State of Florida

Case Number: 5D11-2428

Judge: Harris, C.M.

Court: Florida Court of Appeals, Fifth District on appeal from the Circuit Court, Orange County

Plaintiff's Attorney: Pamela Jo Bondi, Attorney General, Tallahassee, and Lori N. Hagan, Assistant Attorney General, Daytona Beach, for Appellee.

Defendant's Attorney: James S. Purdy, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Description: A gathering of people near th e entrance of a trailer o ccupied by Matthew Feill turned violent. Among those present were Angel Santos, the victim herein, and Kenneth Ched Bouie, the appellant. Duri ng the argument, appellant waved a large “stick” in a circle and said to Santos, “I’m a bury you.” Appellant withdrew a sword from what had appeared to be the stick and hit S antos, cutting his side and causing considerable bleeding. Appellant was convic ted of felony battery (based on the sword strike) and aggravated assault with a deadly weapon (based on twirlin g the large “stick” and making threats), and was sentenced to two consecutive five-year sentences.

Appellant appeals only t he aggravated assault conviction, claiming “there was insufficient evidence that he ma de an intentional, unlawful thre at by word or act to do violence to another person or that he did so me act which created a well-founded fear in that particular person that such violence was imminent.” Santos testified that appellant grabbed what appeared to be a stick, started twirling it and walking ar ound, and “started walking toward us .” The way he looked, said Santos, he wanted to do something with the st ick. He further te stified that appellant said “I’m a bury you," and cont inued twirling the stick. Sant os told appellant that the stick twirling made him nervous. He testified that he was afraid appellant might hit him from behind.

Feill testified that appellant was pacing back and forth and was shouting. He had what appeared to be a stick and was spinni ng it around. Appellant was approaching Feill and Santos violently and saying, “I’m go ing to bury you,” and then lunged forward and stabbed Santos.

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See: http://www.5dca.org/Opinions/Opin2013/022513/5D11-2428.op.pdf

Outcome: This record testimony is sufficient to su stain the conviction for aggravated assault with a deadly weapon.

AFFIRMED.

Plaintiff's Experts:

Defendant's Experts:

Comments: