A 20-year-old Greenville woman is facing a felony charge after warrants allege she seriously injured another person by kicking them with her right foot in an assault that happened at the end of August. Danacca Whitehurst was arrested by the Greenville Police Department on Sunday and is now charged with one felony count of assault with a deadly weapon inflicting serious injury, according to warrants.
The warrants, first reported by WITN, state that Whitehurst inflicted serious injury with a deadly weapon on the victim. In this case, the alleged weapon was not a knife or gun but her own right foot. Under North Carolina case law, human body parts including feet, hands, and fists can be legally classified as deadly weapons depending on the amount of force used and the physical disparity between the people involved, according to Schlosser & Pritchett.
How a Kick Becomes a Felony Charge
North Carolina General Statutes classify assault with a deadly weapon inflicting serious injury as a Class E felony, which can carry a maximum penalty of up to 88 months in state prison, per the Manning Law Firm. Whether Whitehurst's case results in active prison time or probation would hinge largely on her prior criminal record, since North Carolina's structured sentencing guidelines allow first-time offenders with a low prior record level to be eligible for intermediate sentences such as probation, while repeat offenders face mandatory active time, according to the Glover Law Firm.
State legal precedent on this question isn't entirely uniform. The North Carolina Supreme Court held in the 2007 case State v. Hinton that hands and feet do not count as dangerous weapons under armed robbery statutes, but state appellate courts in State v. Allen have confirmed that body parts can still qualify as deadly weapons in felony assault prosecutions, according to the Carolina Journal. Courts evaluate the weapon question contextually, based on the specific statute charged, the outlet notes.
Already Out on Pretrial Release
Beyond the assault charge itself, warrants indicate Whitehurst was already on pretrial release for a prior offense at the time of the alleged kicking incident, a detail that triggered a different set of court procedures. Under North Carolina's Pretrial Integrity Act, passed in 2023, defendants accused of committing a new offense while already out on release for an earlier charge must have their new release conditions set by a judge rather than a magistrate, and that determination must happen within 48 hours of arrest, per the UNC School of Government.
Neither the nature of Whitehurst's prior pending charge nor the extent of the alleged victim's injuries has been detailed in the warrants reviewed by WITN.
What Happens Next
Whitehurst is scheduled for a first court appearance Tuesday. Because of the pretrial release restrictions, that hearing will be held before a district judge rather than a magistrate, according to the North Carolina Judicial Branch. In the meantime, she is being held at the Pitt County Detention Center.
The case adds to a run of recent violent-assault arrests handled by Greenville Police. Hoodline reported on a separate case late last month involving a 69-year-old Greenville man jailed on $100,000 bond after firing a gun near a victim's feet. Separately, the article also mentions the Greenville Police Department.
