State v. Wagner

A witness testifying as an expert must have “the necessary skill and knowledge to arrive at an intelligent conclusion about the subject matter in dispute,” and a dangerous weapon is “any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.” Burton v. Rogue Valley Medical Center, 122 Or App 22, 26 (1993); ORS 161.015(1).

During Defendant’s criminal trial for multiple offenses, including second-degree assault and strangulation, a detective provided expert testimony regarding strangulation and domestic violence. Defendant assigns error to the trial court’s ruling that the detective had the requisite expertise to testify about the physical aspects of strangulation and cycles of domestic violence. He also assigns error to the denial of his motion for judgment of acquittal on second-degree assault, arguing that no rational trier of fact could conclude that a pillow constitutes a dangerous weapon. A witness testifying as an expert must have “the necessary skill and knowledge to arrive at an intelligent conclusion about the subject matter in dispute,” and a dangerous weapon is “any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.” Burton v. Rogue Valley Medical Center, 122 Or App 22, 26 (1993); ORS 161.015(1). Because the detective’s experience and training proved she possessed the “necessary skill and knowledge” to provide expert testimony, the trial court's ruling was appropriate. The Court determined the evidence supported the conclusion that the pillow Defendant used to smother the victim was a dangerous weapon because it was capable of causing death or serious physical injury, particularly by impairing her breathing. Remanded for resentencing; otherwise affirmed.