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Choi v. State9/28/2000
These consolidated appeals arise out of an altercation that occurred on July 10, 1998. Young Charles Choi and Daeho Michael Choi, Appellants, were charged in the District Court for Caroline County, with two counts of second degree assault. Appellants requested jury trials, but later waived that right and proceeded with a court trial. Trial was held on June 9, 1999, in the Circuit Court for Caroline County (Boyer, J.). Judge Boyer found Young Charles Choi guilty of two counts of assault and Daeho Michael Choi guilty of one count of assault.
Young Charles initially received probation before judgment on the first count and, on the second count, six days straight time followed by two years of supervised probation with no contact with the complainants, and a fine of $300. Young Charles declined to accept probation before judgment on the first count, and was sentenced to fifteen days, with all but six days suspended, followed by two years of supervised probation, no contact with the complainants, and a fine of $300. The sentences were to run concurrently. Daeho Michael received a sentence of fifteen days, nine of which were suspended, followed by two years of supervised probation, no contact with the complainants, and a $300 fine.
Appellants' request that the appeals be consolidated was granted.
FACTUAL BACKGROUND
Young Charles and his brother, Daeho Michael, had a contract with the Kelley family pursuant to which the Kelleys were to grow Korean cucumbers and cabbage for them. On the morning of July 10, 1998, Appellants and their mother, Jung Choi, arrived at the Kelley farm to obtain cucumbers. What happened thereafter was the subject of some dispute.
Ryan Todd testified that he has been a paramedic for Caroline County for three years. On July 10, 1998, he responded to a 911 call for assistance at the Kelley farm. Once at the farm, Todd administered care to Andrew Kelley and Jung Choi. Todd palpated Mr. Kelley's leg, spoke to him, and found him to be conscious, alert, and oriented. According to Todd's direct testimony, Ms. Choi initially appeared to be unconscious or unresponsive. On rebuttal, Todd stated that he completed a "run sheet," which included information about the treatment he rendered to Ms.Choi. Todd indicated on the run sheet that Ms. Choi did not suffer any loss of consciousness prior to his arrival. He obtained this information from either Ms. Choi or her sons. Todd testified that Ms. Choi had a somewhat decreased level of consciousness, but he could not tell whether she had a head injury or whether she was simply being uncooperative. Todd was told that Ms. Choi was suffering from chest pain. He treated her for a possible back injury and prepared her for transport. Additional personnel arrived about 10 minutes after Todd. Todd reassessed Mr. Kelley's condition and helped to splint his leg.
Mr. Kelley's mother, 80-year-old Beatrice Kelley, identified Daeho Michael, whom she knew as "Vince," and Young Charles. She testified that on the morning of July 10, 1998, she was standing at a table next to Mr. Kelley's wife, Jane, when Young Charles spit on Jane's face. Mr. Kelley came out of a greenhouse and Young Charles went over to him and pushed him. Daeho Michael then approached Mr. Kelley and applied a "leg hook" maneuver causing Mr. Kelley to fall. Beatrice Kelley testified that Young Charles followed Jane Kelley when she went into the house to telephone for help.
Jane Kelley testified that she was standing at a table next to Beatrice Kelley planting seeds and that she saw Daeho Michael getting boxes for cucumbers. Daeho Michael looked over at Jane, asked her what she was looking at, and called her "an M.F." Jane call
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