People v. Conley

543 N.E.2d 138 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D was charged with aggravated battery in connection with a fight which occurred at a party. Approximately 200 high school students attended the party and paid admission to drink unlimited beer. One of those students, Sean O'Connell, attended the party with several friends. Sean's group was approached by a group of 20 boys who apparently thought that someone in Sean's group had said something derogatory. Sean's group denied making a statement and said they did not want any trouble. Shortly thereafter, Sean and his friends decided to leave and began walking toward their car. Another group was walking toward the party from across the street when someone from that group shouted: 'There's those guys from the party.' Someone emerged from that group and approached Sean. That individual demanded that Marty give him a can of beer from his six-pack. Marty refused, and the individual struck Sean in the face with a wine bottle, causing Sean to fall to the ground. The offender attempted to hit Marty but missed as Marty was able to duck. Sean sustained broken upper and lower jaws and four broken bones in the area between the bridge of his nose and the lower left cheek. Sean lost one tooth and had root canal surgery to reposition 10 teeth that had been damaged. Sean has a permanent condition called mucosal mouth and permanent partial numbness in one lip. The expert also testified that the life expectancy of the damaged teeth might be diminished by a third or a half. Only Marty Carroll identified D as the offender. Another student saw D throw a bottle at Dan Scurio's car as the four boys left after the incident. Four of the defense witnesses testified that D was not the offender, but rather that Sean was hit by a Robert Frazer, who is known in school as 'Crazy Bob' or 'Terminator.' The party was held at a residence surrounded by open fields. There were no streetlight, and most of the witnesses had been drinking before the incident. The jury returned a guilty verdict for aggravated battery based on permanent disability. D appealed on grounds that the state failed to prove beyond a reasonable doubt that the victim had incurred a permanent disability and that D intended to inflict that disability.