Lucas v. United States

240 A.3d 328 (2020)

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Nature of the Case

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Facts

Ds contend that a proper reading of the bias-related statute, based on its plain language and applicable constitutional principles, requires but-for causation, meaning the jury must determine whether D would not have attacked Jaye Davis 'but for' their prejudice against him based on his sexual orientation. Ds assaulted Jaye Davis after a family gathering hosted at the home of his uncle. Jaye arrived between 8:30 and 9:00 p.m. From the moment he arrived until he left, Jaye was the subject of homophobic taunts, including 'gay this and gay that' comments in tones of 'anger and disgust' and being called 'faggot ass mother fucker.' When Jaye arrived at the party, s stared, pointed at Jaye, and said, 'Who is this gay motherfucker?' aye openly identifies as gay, and his cousin Ashley Coleman, also present testified that he 'walks . . . girly,' 'talks girly,' and 'acts' in a way that exhibits effeminate stereotypes of gay men. Jaye became involved in an argument with some individuals, including Ds. Jaye 'was going back and forth. He was cursing . . . . he was being loud, but he was saying things in defense of himself . . . . It was an argument of words. It was a fight with words.' The situation escalated, causing another individual, Andre Holland, to intervene on Christina's (D) behalf. Holland testified that Jaye and Leo were trying to push Christina (D), prompting Holland to fight back against both. The police arrived before the argument got out of hand and instructed the crowd to disperse. Jaye, his cousin Ashley, and his mother Alicia Coleman left the party. A large group had followed them. Ds led the group, saying, 'There go that faggot mother fucker right there.' The group, numbering approximately ten people attacked Jaye, as well as Ashley and Alicia. During the fight, Christopher (D) hit Ashley in the head and knocked her to the ground. At one point, Jaye was grabbed by his throat, pulled onto the ground, and dragged along the sidewalk. Ds targeted Jaye and stomped on his face, all while yelling remarks like 'faggot motherfucker.' Christina (D) then took a razor-like object from her pocket, kneeled next to Jaye, and cut open his face along the left eye. Jaye was left bloodied and unconscious, and the group - including Ds - ran off. Police officers patrolling the area heard loud screaming, quickly arrived at the scene, and observed Jaye 'bleeding in the face,' in pain, and being cradled in Alicia's arms. Ds presented evidence that they were not present at the time of the assault. The jury found them guilty. Ds argued that any assault on Jaye occurred because of other motivations, such as the earlier altercation rather than Jaye's sexual orientation. The jury found them guilty of the bias orientation enhancement. Ds appealed arguing that the trial court failed to instruct the jury that the penalty enhancement requires but-for causation.