Kauffman wins felony assault trial
A jury unanimously agreed this week with Katie Kauffman that her client was acting in self-defense when he stabbed a neighbor, and found him not guilty of felony assault with a deadly weapon.
Trial began in Clark County Superior Court on Nov. 13. The 12 jurors deliberated five hours on Nov. 15 before returning a verdict.
If convicted of second-degree assault with a deadly weapon, Kauffman’s client would have faced 13 to 21 months in prison.
Kauffman was assisted at trial by attorney Gregger Highberg.
Kauffman’s client called 911 on Aug. 19 to report that he stabbed his neighbor. He told responding officers that he stabbed his neighbor with a 4-inch knife after his neighbor swung at him. He said he’d found his neighbor intoxicated on the ground outside of his residence and said his neighbor became belligerent after he asked him to leave.
He also told police that his neighbor had been intoxicated two weeks earlier and had assaulted him.
He stabbed his neighbor in the shoulder. The neighbor’s blood-alcohol level measured .44 at the hospital, or more than five times the legal limit for driving.
On the witness stand, the neighbor said he was so drunk at the time of the incident he doesn’t remember what happened.
He admitted to Kauffman during cross-examination that he had lied to her and a deputy prosecutor during a pre-trial interview. During that interview, he claimed he remembered the entire incident and said the attack was unprovoked and that Kauffman’s client had approached him from behind.
Kauffman’s client was arrested Aug. 19 and remained at the Clark County Jail pending trial because he could not afford to post $50,000 bail.
A judge ordered him to be released following his acquittal.