Case: The defendant, Scott Russell Kuperus, II, and the victim were engaged in a physical altercation when the defendant bit off a segment of the victim's ear. There is a noticeable scar where the missing part of the ear should be and the victim needs to wear a prosthetic device.
The defendant was charged with first-degree assault and second-degree assault. Defendant requested that he be acquitted on both charges. Defendant disputed that teeth are not a dangerous weapon which is a required component of first-degree assault. He also argued that there was not enough evidence to prove second-degree assault because the victim did not endure a serious physical injury. The trail court denied his request and found the defendant guilty on both charges. The defendant appealed the trial court's ruling renewing his arguments.
The Oregon Court of Appeals overturned the first-degree conviction and upheld the second-degree assault conviction. The court sent the case back to the trial court for resentencing.
Issue:
1. Can teeth be considered a dangerous weapon?
2. Were the requirements of a serious physical injury met?