Scott

The Oregon Court of Appeals reversed three convictions of a Warm Springs woman who is serving time for assaulting a man with an ashtray and a frying pan.

Vernice Erica Scott, 42, was convicted in Jefferson County Circuit Court and sentenced to 70 months in prison in September 2012 for second-degree assault. On Wednesday, the appeals court sent the case back to Jefferson County for resentencing.

In July 2012, Scott was arrested for throwing an array of objects at her boyfriend during a fight, and she was charged with two counts of unlawful use of a weapon and two counts of assault, according to the appeals court opinion.

On the night of the incident, Scott and her boyfriend were intoxicated and were arguing at home. The man left and returned after about half an hour. Scott attempted to lock him out of the home they shared, but he forced the door open and pushed Scott, who pushed back, according to the appeals court.

After the man pushed her again, he sat down in a chair.

Scott threw aside a pot of beans and then began throwing objects at her boyfriend, including the ashtray and the frying pan.

The man injured his forehead, head and neck, according to the opinion.

Scott pleaded not guilty to all four counts, arguing that she had acted in self-defense, according to the opinion.

A Jefferson County Circuit Court judge acquitted Scott on one count of unlawful use of a weapon — the count involving the frying pan.

During the trial, when the defense questioned Scott’s boyfriend about whether he had assaulted her 10 years before, he answered in the affirmative. The judge excluded the evidence as not relevant.

The appeals court concluded that the court was mistaken in excluding that evidence.

The appeals court cited a state law that finds, in part, that evidence of a person’s character is admissible in court when it is an important part of a charge, claim or defense.

According to the appeal, Scott “reasonably believed that physical force was necessary to defend herself” when she and the man were fighting.

Jefferson County District Attorney Steve Leriche and Sheryl Blackman, Scott’s defense attorney, could not be reached for comment.

Scott is in custody at Coffee Creek Correctional Facility in Wilsonville. The earliest she could be released under the terms of the original sentence is May 10, 2018.

She has a criminal record in Jefferson County that includes a prior conviction for fourth-degree assault in July 2002. She pleaded guilty to that charge and served 23 days in jail.

Janet Huerta, the executive director of Saving Grace, a Bend nonprofit that provides services to victims of domestic violence and sexual assault, said that the appeals court’s decision could reflect a positive change in how cases of domestic violence are evaluated in Oregon.

“The justice system (is) thinking about the context in which the violence is happening,” said Huerta. “None of us live in a vacuum.”

— Reporter: 541-383-0376,

cwithycombe@bendbulletin.com