Please ensure Javascript is enabled for purposes of website accessibility


Criminal law — Sufficiency of the evidence — First-degree assault

In the early morning hours of July 11, 2014, following a night of drinking and a domestic argument, William Kyle Donophan (“Appellant”), brutally and relentlessly assaulted Jennifer Jones in front of multiple witnesses, continuing to kick and beat Ms. Jones even after she lay unconscious. Wicomico County police officers responded promptly and found Appellant at the scene. A jury in the Circuit Court for Wicomico County convicted Appellant of first and second-degree assault, failure to obey a lawful order, and disorderly conduct.

Appellant presents the following questions: 1. Is the evidence insufficient to sustain the conviction for first degree assault? 2. Did the trial court err in refusing to instruct the jury on voluntary intoxication?

Read the opinion here: