Supreme Court clarifies ‘use’ of deadly weapon by 12-year-old who brought gun to school

SANTA FE – The state Supreme Court today clarified what constitutes the “use” of a deadly weapon in committing an assault. In a unanimous opinion in a case involving a Clovis middle school student who brought a BB gun to school, the Court concluded that a “defendant uses a deadly weapon to commit assault where a defendant makes facilitative use of the deadly weapon.”