The Michigan Supreme Court says it will hear arguments in the case of a teen accused of videotaping a 2021 assault at the Howell Skate Park.
Evan Andrew Oslund was charged as an adult with aiding and abetting an assault with intent to do great bodily harm less than murder in connection with the assault of a 16-year-old boy. The attack took place on Aug. 31, 2021, at the Howell Skate Park, located on the Howell High School campus.
Prosecutors say the 16-year-old victim, who was on the autism spectrum, was a new student in the district when he was introduced to several teens at the skate park. Oslund is alleged to have used his phone to record his two friends attacking the teen, who are seen punching the victim until he fell and then repeatedly kicking him. The teen suffered bruising, a concussion and post-traumatic stress disorder in the assault.
Prosecutors allege that by agreeing to record the assault, Oslund encouraged the two assailants. They subsequently argued that Oslund could be charged as an adult because the footwear worn by the attackers, tennis shoes and flip-flops, were dangerous weapons, an opinion backed up by the Michigan Court of Appeals.
However, in an opinion released Friday, the Michigan Supreme Court said it would consider whether that decision was correct.
“The parties shall address whether: (1) shoes can constitute dangerous weapons for purposes of MCL 764.1f(2)(b); and (2) even if shoes can constitute dangerous weapons, the motion to quash should have been granted because there was no evidence that the defendant was “armed with a dangerous weapon” during the assault as required by MCL 764.1f(2)(b),” read the high court’s order.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan were also invited to file briefs in the case.