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EWELL v. U.S.

No. 11-CM-1593.

72 A.3d 127 (2013)

Marvin Richard EWELL, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 25, 2013.

Amended September 5, 2013.

Attorney(s) appearing for the Case

Donald L. Dworsky was on the brief for appellant.

Ronald C. Machen Jr. , United States Attorney, Roy W. McLeese III , Assistant United States Attorney at the time the brief was filed, and John P. Mannarino and Kendra D. Briggs , Assistant United States Attorneys, were on the brief, for appellee.

Before BLACKBURNE-RIGSBY and OBERLY, Associate Judges, and FERREN, Senior Judge.

BLACKBURNE-RIGSBY, Associate Judge:

Following a bench trial, appellant Marvin Richard Ewell was found guilty of one count of simple assault.1 On appeal, he argues that there was insufficient evidence to prove beyond a reasonable doubt that he did not act in self-defense against the complainant, Brittany Latham. We conclude that the trial court erroneously determined that appellant employed excessive force against Ms. Latham. Further, in...

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