Lewis v. State

Evidence that defendant threatened to harm and kill the victims from very close range and that the victims believed that defendant might strike or harm them supported defendant's convictions for simple assault.

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Jumal Lewis was convicted of criminal damage to property in the second degree and two counts of simple assault. Following the denial of his motion for new trial, he appeals, contending that the evidence was insufficient to convict him of simple assault. We find no error, and we affirm.

Construed in favor of the jury’s verdict, evidence was presented that the two victims were standing and talking on the porch of a relative’s apartment when they saw Lewis approaching them. One victim testified that Lewis was “almost running towards us. And he came right up about five inches, six inches from our face” and asked the victims what they were laughing at and why they were laughing at him. Lewis stated, “Don’t you know I’ll kill you Don’t you know who I am” According to this victim, Lewis “was working himself up into a frenzy” and was “cursing and telling us that he will kill us and he will cut our throats . . . Whatever threat you can think of, that is what he was uttering.” Lewis “was extremely agitated” and was “being very, very threatening.” One of the victims “thought he was going to punch either myself or” the other victim. This victim “expected some physical interaction.” He testified that Lewis said several times that he would kill or cut them, “as if he had a knife.” Lewis also stated that he would “destroy”them. The other victim similarly testified concerning Lewis’s demeanor and his threats. He stated that Lewis threatened to kill him. He also testified that Lewis told him, “I can stab you, I can shoot you. And he was the undisputed champion, and if I wanted him to prove to me that he was the undisputed champion then he could do it right now.”

Lewis v. State

Evidence that defendant threatened to harm and kill the victims from very close range and that the victims believed that defendant might strike or harm them supported defendant's convictions for simple assault.

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