COA divided on whether Allegan County woman intentionally struck ex-husband with car door

ALLEGAN COUNTY — In a 2-1 decision, the Michigan Court of Appeals has upheld felonious assault and domestic violence convictions for an Allegan County woman who struck her ex-husband with the door of her minivan while backing down a driveway during an argument.

Judges Anica Letica and Stephen Borrello affirmed the lower court’s ruling, while Judge Michelle Rick dissented, saying she would reverse the defendant’s convictions and sentences.

According to the majority’s case summary, in November 2019, Ashley Pierce had custody of her 15-year-old child, referred to as BP in court documents, shared with ex-husband Sean Pierce, for the first time in seven months. Ashley and Sean disputed whether there was an agreed upon time for Sean to pick the child up.

Ashley had taken BP and her two other children, who are not Sean’s, to her sister’s home. When they arrived back at Ashley’s home sometime before midnight, Sean and his wife were parked in Ashley’s driveway.

During an argument between Ashley and Sean, the front door of Ashley’s minivan was opened as BP attempted to exit the vehicle, with Sean standing between the interior of the vehicle and the open door. Ashley put the vehicle in reverse and started backing down the driveway.

Sean fell after being struck by the open door and injured his knees. After he fell, BP jumped from the moving vehicle and hit their head, suffering a concussion.

Ashley Pierce was charged with felonious assault and misdemeanor domestic violence. The jury in her first trial was unable to reach a verdict, but a second trial in September 2022 found her guilty. She was sentenced to two years’ probation with 20 days in jail for the felonious assault conviction and three days in jail for the domestic violence conviction.

The appeal centered on whether there was sufficient evidence to determine intent, a necessary element in felonious assault and domestic violence convictions.

According to the majority opinion, the “intent element for both convictions hinged primarily on a factual dispute — whether defendant was aware that Sean was in between the passenger door and the interior of her minivan before she began to back down the driveway.”

The court said there was sufficient evidence supporting the jury’s conclusion, rejecting Pierce’s appeal.

“(A) reasonable trier of fact could conclude that defendant was aware of where Sean stood before she reversed her minivan,” the judges wrote. “Likewise, given Sean’s position in relation to the minivan, defendant was aware that the open passenger-side door would strike him after she reversed her minivan.

“Despite defendant’s recognition, she put her minivan in reverse and backed down the driveway, forcing Sean to trot backward until he could not keep up. A rational trier of fact could conclude that defendant reversed her minivan purposefully and intentionally because she wanted BP to stay with her rather than to leave with Sean.”

In the dissenting opinion, Rick said the prosecutor “failed to present sufficient evidence of specific intent."

“On the basis of my review of the record, that evidence is lacking here,” she wrote.

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Rick wrote the record of the court proceedings indicates Ashley Pierce “panicked in a moment of extreme stress."

“There is no evidence, for example, that defendant asked Sean to step away from the car and hit him when he refused, or that she was contemplating his proximity to the car at all while trying to get away,” Rick wrote. “Instead, it is apparent from the record that defendant struck Sean by accident during a high-conflict interaction, initiated by Sean.”

— Contact reporter Mitchell Boatman at mboatman@hollandsentinel.com.

This article originally appeared on The Holland Sentinel: COA divided on whether Allegan County woman intentionally struck ex-husband with car door