Judge Elisa Koenderman
Perez was charged with assault, harassment and endangering the welfare of a child. He moved to dismiss the assault charge for facial insufficiency. The complaint alleged Perez grabbed complainant, pushed her and punched her in the back, causing her substantial pain. At arraignment, the court found the facts alleged insufficient to establish the element of physical injury directing prosecutors to file a jurisdictionally sufficient superceding information for the assault charge, but they declined. Perez moved for dismissal arguing the allegation that complainant suffered substantial pain, without more, did not establish that he caused her physical injury. The court agreed noting a finding of substantial pain must be supported by objective, not wholly subjective, evidence. It stated Perez’s acts implied his motive was to physically injure the complainant, but his motive alone, absent any other objective evidentiary facts indicating an injury did not warrant the conclusion that complainant suffered substantial pain. The court stated the conclusory allegation violated the reasonable cause requirement, ruling as the evidentiary facts alleged did not support every element of the crime, the charge was jurisdictionally defective, and granted dismissal.
