In a recent case arising out of an altercation between neighbors, the Arizona Court of Appeals denied the defendant’s appeal of his convictions and sentences for aggravated assault, disorderly conduct, and assault. After the defendant was originally charged with these offenses, his case went to trial, and a jury found him guilty. On appeal, the defendant argued that the trial court should have allowed him to introduce evidence of the victim’s own violent history, which could have changed the outcome of the case. After considering the defendant’s argument, the court affirmed the original convictions.
Facts of the Case
According to the opinion, two neighbors were talking outside of their homes one day when one of the individuals asked the other if he wanted a cigarette. The second individual, the victim in the case, said yes, and the first individual, the defendant, went inside to get the cigarette. The victim approached the defendant’s door and immediately heard yelling from inside the house.
The defendant came to the door, at which point he pulled out what looked like a gun. He pointed it in the victim’s direction and hit him in the head. The victim broke out of the defendant’s headlock and started moving away slowly.
Officers arrived at the scene and discovered that the defendant appeared to be under the influence of an unknown substance. They brought him to the police station, and they charged him with two kinds of assault as well as disorderly conduct.