State v. Bauer

¶1 — The State charged Douglas Bauer with

third degree assault after his girl friend’s nine-year-old son accidentally shot a classmate with Bauer’s gun. The trial court denied Bauer’s Knapstad1 motion and vagueness challenge. On discretionary review, he argues that (1) the definition of “cause” in the third degree assault statute requires an “affirmative act”; (2) his actions were not the proximate cause of the assault; (3) he can be held liable only under the complicity statute; and (4) the assault statute is vague as applied to him. Because the State alleges Bauer performed an affirmative…