We have seen a trend in criminal charges where police are defining virtually any object as a weapon to elevate the potential penalties in a given case. The charges in Des Moines against Marvin Tramaine Hill II, 21, appear to be such a case. He is charged with attacking his pregnant wife with a weapon. The weapon? A McChicken sandwich from McDonald’s.
Hill threw the sandwich at his wife “because he doesn’t like them.” He seems to have greater culinary tastes than personal control. However, he is saying that it was his wife who assaulted him. Nevertheless, with a pregnant wife, any physical injury is likely to be charged against Hill. Nevertheless, Hill produced a videotape where he followed his wife to the bathroom as she was cleaning. She then knocked the phone from his hands.
Police reported that the wife had a swollen nose and that they viewed the videotape as a set up to try to get her to appear aggressive.
We have previously seen an orange defined as a weapon as well as steak weapon.
Hill is charged with domestic assault.
Source: Des Moines Register
I’m just a common-sense Republican, but wouldn’t couple’s counseling be a better use of the State’s (taxpayer) money? Anything taking the father out of the home with a pregnant wife would be counter-productive. If he’d thrown a pillow, would police care? No. But it would be thrown for the same reason. Help with the problem, not tossing a sandwich.
If her man is throwing food at her he deems unworthy of him, it’s probably time to go their separate ways. It’s unfortunate that they will be tied together because of the child(ren), but she needs to get out. When someone is throwing food at your head, things don’t usually work out with a happy ending. It’s pretty hard to salvage such a lack of respect, and these things escalate.
The article did not mention if the woman immediately filed for divorce.
The article states that “Halifax said charges against Hill will likely be amended to simple domestic assault causing bodily injury”.
He is not getting charged with felonious assault from using a sandwich as a weapon. 🙂 According to the statute, I think he has one more domestic assault before it becomes a felony.
Paul,
You are correct in that causing physical injury can be a DV assault.
The domestic violence assault would have to come from another form of force, such as a punch using the same hand as holding the sandwich. From what I read in the statute I do not see how the sandwich could be articulated to be a weapon.
If the suspect allegedly caused a fracture of her nose that might be an aggravator but if the basis for the felony assault is the fact for using a weapon and the sandwich is expected to be defined as a weapon, I do not see a successful prosecution for the enhancement.
Darren – I don’t think it will be successful if they go to a jury. My guess is it will be plead down.
The article at the Des Moines Register notes:
“Halifax said charges against Hill will likely be amended to simple domestic assault causing bodily injury.
“It doesn’t matter what instrument is used to commit the assault … ,” Halifax said. “Domestic abuse is a huge problem. The greater issue is this guy is getting angry over a sandwich.””
and
“Court records show that Hill’s wife filed for a civil protective order against her husband in 2013 and the two were about to begin custody proceedings for their child, but both cases eventually were dismissed.”
He apparently broke her nose when he smashed the bun into her face (he’d thrown the sandwich at her, picked up the bun and smashed it in her face).