State v. McAuliffe

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 02-03-2016
  • Case #: A156306
  • Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.
  • Full Text Opinion

A rational trier of fact could find that a defendant has the requisite intent under ORS 166.220 (intending to use a firearm as a threat) based on a defendant’s verbal statements.

Defendant appealed a conviction for intending to use a firearm as a threat under ORS 166.220, arguing on appeal that the State failed to fulfill its burden to prove intent to use the weapon unlawfully against another. Defendant made multiple complaints to an airport operations manager about airplanes flying low over his property. Defendant was arrested after he told an airport dispatcher that he would “do something about it” and was found sitting on his porch with a shotgun. The Court held that a rational trier of fact could find that Defendant had the requisite intent under ORS 166.220 even though Defendant did not actually fire or point the weapon, but his verbal threats and statements that he had “serious thoughts” about shooting the airplane was enough to allow the jury to find as it did. Affirmed.

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