Hernandez v. United States
District of Columbia Court of Appeals
286 A.3d 990 (2022)
- Written by Brianna Pine, JD
Facts
Winston Perez Hernandez (defendant) attended a World Cup viewing party at the apartment of Alimamy Tarawallie. After the game, Hernandez teased Tarawallie about his team’s loss and repeatedly touched him while talking. Tarawallie warned Hernandez not to touch him again or he would “see what is going to happen.” Hernandez touched Tarawallie again, Tarawallie struck Hernandez, and the two men scuffled on the ground. Hernandez was charged with assault. The trial court found Hernandez guilty, concluding that he poked Tarawallie despite being told not to and that a reasonable person would find such intentional contact objectionable and offensive. The appellate court initially reversed, holding that an assault conviction required proof that the defendant acted with force or violence. However, the court decided to rehear the appeal en banc.
Rule of Law
Issue
Holding and Reasoning (Fisher, J.)
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