State v. Hiott

Armstrong, A.C.J.

Richard Hiott appeals his conviction in juvenile court of assault in the third degree. RCW 9A.36.031(l)(d), (f). The assault occurred during a game in which Hiott and his friend, Jose, were shooting at each other with BB guns. Jose was hit in the eye and lost his eye as a result. Hiott was charged with assault in the third degree; the trial court found him guilty, ruling that: “[a]t no time did either consent to be injured by the other, but both boys were engaged in a very reckless form of play . . . [and] this mutual play has lead [sic] to a crime.”

The question is whether…