People v. Suazo

Opinion by

Judge DAVIDSON.

Defendant, Ernest P. Suazo, appeals from a judgment of conviction entered upon a jury verdict finding him guilty of third degree assault on the elderly. We vacate the conviction and remand with instructions.

Early one morning, the victim was involved in an altercation at his place of employment. The incident began after a verbal confrontation between the victim and a woman employee escalated into physical violence. According to witnesses, the victim hit the woman, knocked her down, and pulled her hair. When a second employee, defendant’s mother, attempted to pull the…