• Delaware Supreme Court
  • D66324
  • May 22 2014 (Date Decided)
The Delaware Supreme Court affirmed Nathaniel Banks' convictions for assault in the third degree, carrying a concealed deadly weapon and two counts of endangering the welfare of a child, holding that the trial court did not abuse its discretion in limiting two defense witnesses' testimonies related to certain prior acts of the victim, who was Banks' girlfriend at the time of the altercation. The record showed that Banks and the victim were arguing about infidelity when, according to the victim, Banks became enraged, grabbed a knife off the waistband of his pants and pointed the knife at the victim. The victim testified that Banks also punched her in the forehead with a closed fist so hard that she fell into the television and dresser, that he continued to punch her several times in the face and that Banks pushed the victim's son, who testified that he had heard his mother screaming for help. Banks claimed that he acted in self-defense when the victim became enraged and attacked him, that he did not have or display a knife, that he did not punch the victim but rather pushed her against a wall or door and that he did not intend to cause any physical injuries.

This premium content is reserved for Delaware Law Weekly subscribers.

Continue reading by getting started with a subscription.

Already a subscriber? Log in now