People v. Knox CA4/2

BACKGROUND

A. The Incident

One night in November 2019, Miles S. encountered Lauren, a friend, at a bus stop.

Lauren became angry at Miles and threw various items at him, including a pole and a

wrench. None of the items touched Miles. Lauren departed on a bus and left various

items on the ground. Miles looked through those items.

While Miles was looking through the objects that Lauren had left behind, Knox

walked up and claimed that the items belonged to him. Miles and Knox had previously

met but were not friends. Knox asked Miles what he was doing. Knox picked up a pole

from the ground and swung it at Miles. At trial, Miles described the pole as being

approximately 12-inches long, slanted or curved, silver, and metal.

Knox held the pole with his right hand and swung it toward Miles. Miles used his

left arm to block the pole from hitting him in the face. The pole struck Miles’s arm and

Miles also described the object that Knox swung at him as being “just like a pole—it was like—it was like a—you know if you have a tire, and—one of those like that.” Asked by the prosecutor if he recognized a particular exhibit—a silver metal pole, Miles initially said that he…