In the early 1960s, I heard a California Superior Court Judge continue to ask a young prosecuting attorney if a “Coke bottle” was a deadly weapon. The “Coke bottle” had been a glass bottle sold by the Coca-Cola Company with an inexpensive drink within in the early 1960s. Finally, that prosecuting attorney answered “no.” Case dismissed!
Is a rock a deadly weapon? RCW 9A.04.110 defines (6) “deadly weapon” means any explosive or loaded or unloaded firearm, and shall include any other weapon, device, instrument, article, or substance, including a “vehicle” as defined in this section, 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 substantial bodily harm.
Assuming this is an issue that has been explored by the Franklin County Superior Court, the Franklin County prosecuting attorney, defense attorney, the Pasco Police Department and the citizens of Franklin County, should it not be? We cannot go further (my opinion) with judicial action being taken against the Pasco police officers.
Edward A. Kenealy