United States v. Jeffrey Paul Lewellyn

Jeffrey Paul Lewellyn appeals his conviction for simple assault under 18 U.S.C. § 113 (a)(5) for intentionally spitting on a patient while on the grounds of the Veterans Administration Medical Center in Walla Walla, Washington. The issue we consider is whether intentionally spitting on another person constitutes simple assault within the meaning of the statute. We hold that the statute encompasses such conduct under the theory of assault as an attempted battery. Accordingly, we affirm the conviction.

Factual Background

Lewellyn was charged with committing simple assault within the special maritime and territorial jurisdiction of the United States, in violation of 18 U.S.C. §§ 7 (3) and 113(a)(5). The amended information charged Lewellyn under two alternative theories, namely that Lewellyn: (1) intentionally touched or made physical contact with a male patient in a patently offensive manner without justification or excuse, specifically by spitting on the male patient, or (2) intentionally threatened to inflict injury upon a male patient, and displaying an apparent present ability to do so, caused that male patient reasonable apprehension of immediate bodily harm.

According to…