Link Waldman is charged with two counts of assault with a deadly weapon, a firearm. Under § 784.011(1), Fla. Stat. (2003), an assault is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with the ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent. Under § 790.001(4)(a), Fla. Stat. (2003), a weapon or firearm is defined as any shotgun other than a short-barreled shotgun. The defendant drove into the parking lot of Southwestern University, disembarked from his car carrying a shotgun as defined above, and immediately fired a round into the air, a violation of § 790.15 (1), Fla. Stat. (2003). By openly carrying such a weapon in a public place, Mr. Waldman is also in violation of § 790.053 (1), Fla. Stat. (2003).
After firing his weapon into the air, the defendant then pointed his shotgun at Louis Hunter. At this point Mr. Hunter’s friend, Alonzo Sheridan, leapt a nearby fence and began running toward Mr. Hunter with a .38 revolver. Mr. Waldman then pointed his shotgun at Mr. Sheridan and fired another round, striking Mr. Sheridan in the torso, a violation of § 784.021 (1)(a), an assault with an intent to commit a felony. Despite his claim of self-defense, the defendant was the first to use a firearm, the first to fire a firearm, and the first to assault another individual with a firearm. Mr. Waldman was arrested by law enforcement officers after the incident and did not resist arrest. The case went to trial with Mr. Waldman charged with two counts of felony assault, State v. Waldman, DCA 3d 5678 (Fla. 2003). The defendant was sentenced to a state prison term of three years on each count, the sentence on count 2 to be stayed pending completion of the sentence on count 1, State v. Waldman, DCA 3d 5678 (Fla. 2003).
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