Tampa Criminal Lawyer Blog
A threesome didn’t quite go as planned for one unlucky participant when his request to switch sexual positions with another man resulted in him being chased and ultimately stabbed with a butcher knife. This tale of lusty lovers began in prison when Ashley Hunter, 33, and Orlando Dewitt, 37 became friends. Upon their release they were lucky enough to finally party with real women when one misplaced request to move to the back sent Ashley Hunter into a knife wielding rage. According to the news report, Orlando Dewitt and a lady friend got friendly on a couch and soon shucked their pants. One thing led to another with Dewitt and his lady friend ultimately engaging in a sexual encounter only to be interrupted by Hunter. Hunter, who was watching from a nearby bedroom, began kissing the unknown woman’s breasts and ultimately she engaged him in oral sex. When Hunter grew tired of his position, he requested a Chinese fire drill of sorts and things got sticky in a hurry. Words were exchanged between the two jail mates until Hunter produced a large butcher knife from a couch. When the blade was brandished Dewitt and the lucky lady retreated to the bathroom as Hunter waived his swords from the living room. Ultimately Dewitt made a break for the front door but was caught from behind by Hunter and stabbed in the arm.
Hunter was later arrested and charged with aggravated assault and is currently being held in a North Dakota jail on a $5,000 bond. I believe most Tampa criminal lawyers would agree that this is a relatively low bond for such a crime. Were Hunter’s deeds performed in Florida, he would be facing at minimum an aggravated battery with a deadly weapon under Florida Statute 784.045. In Florida one is guilty of an aggravated battery if it can be proven that a person committed a battery and in doing so causes great bodily harm, permanent injury, permanent disfigurement or uses a deadly weapon in the commission of the battery. In a case similar to Mr. Hunter it seems a Tampa criminal attorney may have some difficulty in forming a defense to this allegation unless other facts are presented that contradict this news story.
Aggravated Battery with a Deadly Weapon is a second degree felony punishable by up to 15 years in the Florida Department of Corrections and a $10,000 fine. For reference, under Florida’s scoresheet sentencing scheme, even if one had no criminal history at all, a conviction of Aggravated Battery with a Deadly Weapon would carry a lowest permissible sentence of 21 months in the Florida Department of Corrections. Due to the severity of the crime it is surprising, despite a minimal injury, that the bond is below $15,000.
If there are facts that could be relied upon to show any kind of self defense argument, a Tampa criminal attorney could possibly argue for acquittal at trial or at minimum use those facts as leverage against the State Attorney’s Office for mitigation. Despite the facts that come out in this case, it is certain that Orlando Dewitt and is lady friend will not soon been having another three way with Ashley Hunter.
Jason Mayberry is a Tampa criminal lawyer with The Mayberry Law Firm. We’re available for consultation from 9AM to 5PM, Monday through Friday at 813-444-7435.