in the Court of Appeals 23 May 2019.
by Defendant from judgment entered 13 June 2018 by Judge
Stanley L. Allen in Guilford County Superior Court. No. 15
Attorney General Joshua H. Stein, by Assistant Attorney
General A. Mercedes Restucha-Klem, for the State-Appellee.
Law PLLC, by Jason Christopher Yoder, for
Bulent Bediz appeals from judgment entered upon a jury
verdict of guilty of misdemeanor simple assault. Defendant
argues that the trial court (1) erred in denying his motion
to dismiss because there was insufficient evidence that
Defendant intentionally touched Mr. Mark Wayman with the
passenger side-view mirror while parking his car, and (2)
erred in denying his request for a jury instruction on the
defense of accident because Defendant presented substantial
evidence that he was parking and did not intend to touch
Wayman with the passenger side-view mirror of his car. We
affirm in part and reverse in part, ordering a new trial.
December 2015, Defendant was arrested and charged with
misdemeanor assault with a deadly weapon pursuant to N.C.
Gen. Stat. § 14-33(c)(1) (2015). On 15 November 2016, at
a bench trial in district court, Defendant was found guilty
as charged. Defendant appealed to superior court. On 29 May
2018, Defendant's case came on for a jury trial de novo.
close of the State's evidence, and again at the close of
all the evidence, Defendant moved to dismiss for insufficient
evidence; the trial court denied both motions. At the jury
charge conference, Defendant's request for a jury
instruction on the lesser-included offense of misdemeanor
simple assault was granted; his request for an instruction on
the defense of accident under N.C. P.I.-Crim. 307.11 was
jury acquitted Defendant of assault with a deadly weapon, but
found Defendant guilty of misdemeanor simple assault. The
trial court entered judgment upon the jury's verdict,
sentencing Defendant to 45 days' imprisonment, suspending
the sentence, and placing Defendant on 12 months'
unsupervised probation. On 5 June 2018, Defendant gave proper
written notice of appeal to this Court.
evidence at trial tended to show the following: Defendant
owned a rental property at 808 Haywood Street in the city of
Greensboro (the "Property"). The city had notified
Defendant that salvaged building materials on the Property
were a nuisance and needed to be removed. Defendant hired
workers to clean up the property and believed that he had
complied with the notice. At approximately 8:30 a.m. on 3
December 2015, Defendant was working at the Property when he
saw a Greensboro city contractor sifting through the
remaining salvaged materials. Defendant told the contractor
to leave, and the contractor complied.
that morning, Code Enforcement Supervisor Mark Wayman, who
had previously interacted with Defendant, sought and executed
an administrative warrant to remove the salvaged materials
from the Property. Wayman requested the assistance of law
enforcement in executing the warrant. Officers Watson and
Wilson of the Greensboro Police Department accompanied Wayman
to the scene.
arriving at the Property, the officers activated their
respective body cameras; both body cameras captured footage
of the subsequent events. At approximately 10:00 a.m., while
Wayman, Watson, Wilson, and another city inspector were
standing in the street in front of the Property, Defendant
drove up in his car. As Defendant drove by the three men,
Defendant's passenger side-view mirror struck Wayman in
the hip. Both officers shouted at Defendant to stop and
instructed him to get out of the car. Defendant stopped in
the middle of the road and rolled down his window to listen
to Watson. Defendant then looked away from Watson and toward
the front windshield. As ...