In response to an inquiry, today our office announced that it would not pursue prosecution of former Malabar City Councilman George KORN (76) for Battery (M1), after a confrontation at a town hall meeting on September 23, 2019.

 

In a statement to the Brevard County Sheriff's Office, Dawn Danielson alleged that KORN had committed the offense of battery when he intentionally threw a balled up piece of paper toward her, striking her in the face. The investigation revealed that the incident had been recorded on video and occurred immediately after a high profile town hall meeting Danielson and other residents had attended. At the time, KORN was serving as a Malabar Town Councilman.

 

KORN told deputies he had accidentally hit Danielson with the paper that he threw in her general direction. KORN advised that he intended to demonstrate to Danielson that he did not want the paper, but did not intend to strike her with it. KORN maintained that he simply miscalculated and accidentally ended up striking her. 

 

In a statement prosecutors said that they declined to charge KORN with battery, adding "In this instance there was insufficient evidence of the defendant’s intent to commit a crime, combined with the de minimis nature of the object involved, that left the State without a good faith belief that it could meet the burden of proof required to proceed with prosecution of the defendant."