People v. Wethington

The defendant, Mark J. Wethington, was convicted following a bench trial of aggravated assault. The defendant appeals from his conviction, arguing that the State failed to prove that he used a deadly weapon and that his waiver of trial by jury was not understandingly made. We affirm.

The State’s evidence introduced at trial showed that the defendant and the victim, Debra Nicklin, were arguing in the hallway of the apartment complex where Nicklin lived. When Nicklin’s boyfriend entered the hallway, the defendant began swinging a pair of numchucks or karate sticks. Nicklin described the…