Broward County assault cases often come down to testimony. Sometimes there are videotape or audio recordings of what happened, but in other cases, eyewitness testimony is crucial to the case. There are also cases in which another witness’s testimony plays a crucial role; hearsay evidence is not admissible, however, unless an exception applies. In a recent appellate decision, the court considered a conviction for aggravated assault with a firearm. The case arose when the victim was driving home from work. The defendant pulled up behind him. The victim was driving over the speed limit, but braked suddenly. The defendant veered into a different lane. The defendant pulled his car alongside the victim’s car; the victim was a convicted felon. Both drivers had their windows down.
The defendant placed a gun on his car’s windowsill and spoke rudely to the victim. The victim said he had no problem, and the defendant drove on ahead. When traffic stopped, the defendant opened his car door and looked back at the victim. The victim drove in reverse, and the defendant sped off. The victim reported the license plate number to a 911 operator.
The police investigated. The victim described the gun as a silver automatic firearm. The defendant was arrested three weeks later and a gun that had a silver portion was retrieved from his car.