The Iowa Court of Appeals says there’s not enough evidence in a Polk County case to show that brass knuckles are a dangerous weapon. Jason Eaton was pulled over in April of 2014 after a deputy noticed the windshield on his pickup was cracked. Eaton told the deputy he had a set of brass knuckles in the glove box because friends of his ex-girlfriend had been bothering him.

Eaton was charged and entered a written plea to carrying weapons. He later asked to have the plea thrown out — saying his lawyer had given him insufficient representation as prosecutors did not prove the brass knuckles were a deadly weapon. The Iowa Court of Appeals says there is a question as to whether all brass knuckles can be considered deadly. It says there was no evidence presented, and Eaton did not admit that his set of brass knuckles were deadly.

The Appeals Court vacated Eaton’s sentence, but sent the case back to district court to allow the state a chance to present more evidence on whether Eaton’s brass knuckles may be a deadly weapon.

 

Radio Iowa