Pete Jantzi was convicted in the Circuit Court, Klamath County, of assault in the second degree, and he appealed. The Court of Appeals held that the defendant knew he had a dangerous weapon and that a confrontation was going to occur, but that he did not intend to stab the victim. Thus, the defendant acted “recklessly,” not “knowingly,” and, should be convicted of assault in the third degree rather than assault in the second degree. Affirmed as modified; remanded for resentencing. GILLETTE, J.

Pete Jantzi, the defendant, testified and the trial court judge believed that he was asked to accompany Diane Anderson, who shared a house with the defendant and several other people, to the home of her estranged husband, Rex. While Diane was in the house talking with Rex, the defendant was using the blade of his knife to let the air out of the tires on Rex’s van. Another person put sugar in the gas tank of the van. 

While the Andersons were arguing, Diane apparently threatened damage to Rex’s van and indicated that someone might be tampering with the van at that moment. Rex’s roommate ran out of the house and saw two men beside the van. He shouted and began to run toward the men. Rex ran from the house and began to chase the defendant, who ran down a bicycle path. The defendant, still holding his open knife, jumped into the bushes beside the path and landed in the weeds. He crouched there, hoping that Rex would not see him and would pass by. Rex, however, jumped on top of the defendant and grabbed his shirt. They rolled over and Rex was stabbed in the abdomen by the defendant’s knife. The defendant could not remember making a thrusting or swinging motion with the knife; he did not intend to stab Rex. 

QUESTIONS 

1. List all of the facts relevant to determining Pete Jantzi’s state of mind. 

2. State the Oregon statute’s mental element for assault. 

3. State how, and explain why, Oregon modified the MPC definition of “knowingly.” 

4. In your opinion, did Jantzi knowingly assault Rex Anderson? Back up your answer with the facts of the case and the trial and appellate court’s opinions.