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Choi v. State9/28/2000
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Q. You still didn't answer the question. How did your arm touch his body?
A. [Interpreter]: I tried to grab a hold his arm, the shoulder but I couldn't not reach for the arm.
Q. All right, your arm went around his upper body?
A. [Interpreter]: Yes, that is correct.
During closing argument, defense counsel admitted that Daeho Michael "grabbed Mr. Kelley and put him to the ground."
All of the Choi family testified that Young Charles never hit Andrew Kelley; however, Beatrice Kelley testified that as Andrew Kelley was coming out of the greenhouse, Young Charles approached him and pushed him. Also, Jane Kelley testified that as Andrew Kelley was coming out of the greenhouse, both Young Charles and Daeho Michael kicked him and knocked him down. Kelley testified that Young Charles pushed him. Resolution of conflicts in the evidence are within the sound discretion of the trial court, supra. We see no reason to disturb the trial court's findings.
II.
Daeho Michael contends that the trial court erred in finding him guilty of second degree assault because he was acting in the defense of his mother. Defense of another is a recognized response to a second degree assault charge if: (1) the defendant actually believed that the person defended was in immediate and imminent danger of death or serious bodily harm; (2) the defendant's belief was reasonable; (3) the defendant used no more force than was reasonably necessary to defend the person defended in light of the threatened or actual force; and, (4) the defendant's purpose in using force was to aid the person defended. Williams v. State, 117 Md. App. 55, 63, 699 A.2d 473, 477 (1997). The intervention must be to aid the victim and not to punish the offender or to avenge the victim. Alexander v. State, 52 Md. App. 171, 184, 447 A.2d 880, 887, aff'd 294 Md. 600, 451 A.2d 664 (1982). The intervenor's acts "must be judged on his own conduct, based upon his own observation of the circumstances as they reasonably appeared to him." Bright v. State, 68 Md. App. 41, 50, 509 A.2d 1227, 1232 (1986)(citing Alexander v. State, 52 Md. App. 171, 183, 447 A.2d 880, aff'd, 294 Md. 600, 451 A.2d 664 (1982)).
In the case sub judice, the trial court found it admirable that Daeho Michael Choi acted to protect his mother, but concluded that he was guilty of assault because he overreacted. The evidence supports the court's finding that, in assaulting Andrew Kelley, Daeho Michael used more force than was reasonably necessary.
JUDGMENTS AFFIRMED; COSTS TO BE PAID BY APPELLANTS. TREATMENT -
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