State v. Ryder

Defendant challenges his judgment of conviction for third-degree assault, ORS 163.165(1)(e) (intentionally or knowingly causing physical injury to another with the aid of another person actually present), which is based on his involvement in an assault committed by his son and three other teenagers. Because defendant did not directly assault the victim himself, but recorded the assault on his cell phone and helped to plan the assault, which occurred in his home, the state prosecuted him on a theory of aiding and abetting, ORS 161.155(2)(b). Defendant challenges that theory of accomplice…