Denver Bronco defensive end Elvis Dumervil was arrested in Florida for suspicion of Aggravated Assault with a Deadly Weapon. Florida law defines Aggravated Assault as an “intentional” threat by either word or “action” with a “deadly weapon.” Colorado law differs slightly and the Weld County equivalent is Menacing with a Deadly Weapon (CRS 18-3-206), a Class 5 Felony. In cities like Greeley, Eaton, Evans, Platteville, and others, Weld County Menacing with a Deadly Weapon is defined as any “threat or physical action” by someone who “knowingly places” the other person “in fear of imminent and serious bodily injury.”
In this road rage incident, another car got in the way of the vehicle Dumervil was following as he was driving down a Florida highway. The two drivers began yelling and when the cars pulled over, Dumervil is alleged to have approached the victim’s car and lifted his shirt to show a gun. In this case, Dumervil knowingly threatened the person driving the other car during the altercation by knowingly placing them in fear of being seriously injured by a deadly weapon.
Dumervil’s actions could mean that he would serve three to five years in prison, five years of probation, $5,000 in fines, or a combination of those. After signing a 60 million dollar contract with the Denver Broncos, Dumervil will probably be able to pay his fines, but spending several years in prison would end his football career.
Witnesses are coming to the Bronco’s defense. The woman who called the police says that she saw the other driver throw something at the car Dumervil was driving. Other witnesses are saying that Dumervil was not the owner of the car involved, which ended up containing a gun. They also said that Dumervil was not armed when he was arrested.
Menacing with a Deadly Weapon has many defenses which can best be employed by a trial lawyer that knows Colorado’s complicated laws and defenses. If police contact you for charges like Menacing or Assault, be smart, exercise your right to remain silent, and contact the experienced criminal defense attorneys at the O’Malley Law Office at 970-616-6009. Together, we can protect your future.