Submitted: February 18, 2015.
Case Closed April 8, 2015.
Court Below: Superior Court of the State of Delaware, in and for New Castle County. Cr. I.D. No. 1306022407.
Bernard J. O'Donnell, Esquire, Wilmington, Delaware, for Appellant.
Morgan T. Zurn, Esquire, Deputy Attorney General, Department of Justice, Wilmington, Delaware, for Appellee.
Before STRINE, Chief Justice, HOLLAND and VALIHURA, Justices.
In this appeal, we consider what it means to suffer a " physical injury" as an element of the crime of Assault Second Degree against a law enforcement officer.
Defendant-below Troy Williamson (" Williamson" ) was arrested on June 25, 2013, and charged with offensive touching of a law enforcement officer. The misdemeanor offense was later upgraded, and he was indicted on September 3, 2013, for the felony offense of Assault Second Degree of a law enforcement officer. After a bench trial in March 2014, Williamson was convicted of Assault Second Degree and was sentenced to four years of incarceration at Level V, suspended after two years for six months of Level IV supervision at the discretion of the Department of Correction, followed by one year of Level III probation. On appeal, Williamson argues that there was insufficient evidence concerning physical injury to a law enforcement officer to convict him of Assault Second Degree. He argues that the verdict should have been a finding of guilty of the lesser included offense of offensive touching of a law enforcement officer, 11 Del. C. § 601(c) -- a Class A misdemeanor -- rather than Assault Second Degree, which is a Class D felony. We disagree and for the reasons stated herein, we AFFIRM.
FACTUAL AND PROCEDURAL BACKGROUND
On June 25, 2013, Williamson, who had agreed in his plea agreement to cooperate in the prosecution of his codefendants for a series of pizza delivery robberies, reported to the Delaware Department of Justice (" DOJ" ), and was brought into a conference room. Members of the DOJ, Ipek Medford (" Medford" ) and Jamie McCloskey (" McCloskey" ), accompanied Detective Thomas Abram (" Abram" ) in prepping Williamson for the upcoming trial. Williamson appeared disinterested in reviewing his expected testimony and refused to answer questions. Instead, he put on his sunglasses and pretended to be sleeping. As a result of Williamson's behavior, Medford and McCloskey left the conference room. Abram followed, but returned to the room a short time later.
Williamson asked Abram if he was being detained. Abram responded that he did not know, but that if Williamson left, Williamson likely would be violating his ...