DOVER, Del. (AP) - A Delaware judge says you can't be convicted of impersonating someone who doesn't exist.
A Superior Court judge ruled Tuesday that a Common Pleas judge erred in convicting Hakeem Evans of criminal impersonation because there was no evidence that a false name he gave a policeman in 2017 belonged to a real person.
The judge ordered Evans' acquittal because Delaware law states that someone is guilty of impersonation if he or she impersonates "a human being who has been born and is alive."
After being approached about a loud noise complaint, Evans first identified himself as Nasir Evans, and later as Johnny Roberts, giving two different birth dates. The officer found no corresponding names and birth dates in a law-enforcement database, but Evans was eventually identified through his phone number.
