Tuesday, June 17, 2008

Aggravated Battery with a Deadly Weapon

  • Facts: In Palm Beach County Felony Case Number 2008-CF-002479 AMB the defendant was charged with Aggravated Battery with a Deadly Weapon. The defendant used his vehicle on Southern Blvd. in Palm Beach County, to run into the vehicle of the victim Mr. George. The defendant's actions of using his monster truck as a weapon to ram the victim's vehicle on several occassions, over the distance of 4 miles, caused head injuries to the victim and totally destroyed his $130,000.00 Mercedes. Because of the evidence against the defendant, including a full confession, several eye witnesses and a destroyed vehicle with paint marking matching the impounded monster truck, the State charged that the defendant intentionally and repeatedly struck Mr. George against his will, and in doing so used a motor vehicle as a Deadly Weapon in this Palm Beach County, Florida criminal felony case. The defendant in this case was a former State Trooper, CIA Agent and U.S. Army Solider. Actually, the facts showed that the defendant used the PITT maneuver to finally stop the victim's car, before the defendant backed his monster truck on top of it reducing it to a pile of scrap. The State was asking for the bottom of the guidelines, under the Florida Sentencing Punishment Code, which was more than 3 years in the department of corrections. Attorney Andrew D. Stine and his team began the case with the theory of defense that the defendant was in acting in defense of others, and that the victim was actually at fault.
  • Defense: Defense attorney Andrew D. Stine aggressively prepared a defense in this case, defense of others, motions were filed, depositions were taken, the investigation was finished. The outome of the case, the State of Florida agreed to drop the Aggravated Battery Charges. The defendant was given probation with no felony conviction on his record. Adjudication was withheld and this once seemingly hopeless case turned on the preparation of the team of Attorney Andrew D. Stine.