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Phyfer v. State

The trial court did not abuse its discretion in prohibiting defense counsel from conducting a "rapid-fire" cross-examination of a 16-year-old witness.

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After a jury trial, Matthew Phyfer was found guilty of the offense of criminal damage to property in the second degree for allegedly causing damage to an automobile that was parked in a school parking lot. Phyfer appeals from the conviction and sentence entered thereon. Finding no error, we affirm.

Viewed in the light most favorable to the verdict,1 the evidence shows that on January 31, 2001, Marlene Reilly’s son, B., drove her 1994 Buick Park Avenue to school. B. attended Parkview High School which was located on the same school campus as Camp Creek Elementary School and Trickum Middle School. B. parked the Buick in the Camp Creek Elementary School parking lot. B.’s sister, A. M., a passenger in the car, walked ahead of him to Parkview High School. As B. was walking toward Parkview High School, he saw Phyfer walking toward the Buick. B. hid behind a brown van and watched as Phyfer took an object which appeared to be a key and scrape it over the Buick. B. testified that when he observed Phyfer at the trunk of the Buick, Phyfer appeared to be “really leaning on it and putting a lot of weight and just digging in.” B. also observed Phyfer “doing something to the top of the car.” B. testified that Phyfer appeared to be placing the key “under the threads and just pulling it up and ripping them.”

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