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Panel considers whether Hydro Flask met dangerous-weapon standard in assault case
Summary
In Commonwealth v. Everly Soto, defense counsel argued an aluminum or Hydro Flask could not fairly be characterized as a dangerous weapon absent evidence of serious injury; the Commonwealth argued that no particular injury threshold is required for 'as used' dangerous-weapon liability and pointed to video and photographic evidence. The court indicated a required-finding motion was allowed for one count earlier and the case was submitted.
Daniel Ciccarello, representing Everly Soto, told the court that the record does not support treating a Hydro Flask (or an aluminum bottle) as a "dangerous weapon" for purposes of assault and battery charges unless there is evidence it was capable of or actually caused serious injury. Ciccarello drew the panel’s attention to case law distinguishing per se dangerous weapons from items whose…
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