United States v. Bowers, (WD PA, Dec. 15, 2022), involves the prosecution of the defendant who is charged with killing 11 people in 2018 at the Tree of Life Synagogue in Pittsburgh. He is charged under a 63 count Superseding Indictment. 25 of those charges allege discharge of a firearm during a crime of violence. In this decision, the court dismissed charges of violating 18 USC §924(c)-- use of a firearm in a crime of violence-- to the extent that the charges rely on 18 USC §249(a)(1) as being a crime of violence. As described in by the court:
Section 249(a)(1) applies to anyone who “willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person . . . .”...
Relying on Third Circuit precedent, the court concluded that it is possible to "willfully cause bodily injury" without the use of force, for example, deliberate failure to provide food or medical care. The court concluded:
Because Section 249(a)(1) does not require the government to prove, in every case, “the use, attempted use, or threatened use of physical force against the person or property of another,” it does not qualify as a “crime of violence.”
However, to the extent that the 25 charges of violating 18 USC §924(c) rely on a violation of 18 USC Section 247(a)(2)-- willful obstruction, by force or threat of force, of individuals in the enjoyment of their free exercise of religious beliefs-- the charges were not dismissed. Section 247(a)(2), the court held, is a crime of violence.
