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PAUL v. THE STATE

Court of Appeals of Georgia1998-03-24No. A98A0398
231 Ga. App. 528499 S.E.2d 914

Summary

Holding. The judgment is affirmed. A rational jury could find Paul guilty of simple assault beyond a reasonable doubt based on evidence that he made repeated threatening gestures and violent motions toward his parents, who reasonably feared he would cause them serious harm given his training and access to weapons.

Travis Lee Paul appealed his convictions for two counts of simple assault, arguing the evidence was insufficient. The evidence showed that Paul, a 43-year-old living with his parents who had martial arts training and Special Forces marksmanship experience, repeatedly made threatening gestures toward them. He mimicked shooting them by pointing his finger and making gun noises, made slashing motions, swung a sword in the dining room, kicked in doors and vehicles, and became violent when confronted about drinking. Both parents testified they feared he would seriously injure or kill them, and they knew he had access to firearms and knives in the home.

Under Georgia law, simple assault occurs when a person places another in reasonable apprehension of immediately receiving violent injury. The court applied the Jackson v. Virginia standard, which asks whether a rational jury could find guilt beyond a reasonable doubt when viewing evidence favorably to the verdict. The court concluded that the victims' fear was reasonable given Paul's demonstrated capability and violent pattern of behavior, and that sufficient evidence supported the convictions.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Sufficiency of evidence for simple assault conviction
  • Whether victim's apprehension of violent injury was reasonable
  • Application of Jackson v. Virginia standard on appeal

Procedural posture

Paul appealed his jury convictions for simple assault on grounds of insufficient evidence.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Blackburn, Judge.

Travis Lee Paul appeals his convictions of two counts of simple assault. Paul contends that the evidence was insufficient to support the verdict.

“On appeal the evidence must be viewed in the light most favorable to support the verdict, and [Paul] no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. The standard for reviewing a denial of a motion for a directed verdict of acquittal is whether under the rule of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), the evidence was sufficient for a rational trier of fact to find beyond a reasonable doubt that the defendant was guilty of the charged offense. Moreover, the test established in Jackson [v. Virginia] is the proper test for us to use when the sufficiency of the evidence is challenged, whether the challenge arises from the overruling of a motion for directed verdict or the overruling of a motion for new trial based upon alleged insufficiency of the evidence.” (Punctuation omitted.) Jester v. State, 229 Ga. App. 490, 493 (494 SE2d 284) (1997).

So viewing the evidence, the State established that Paul, a 43-year-old male, was living with his parents when he began making nonverbal threats toward them. Paul acted like he was shooting his parents between the eyes by pointing his index finger at them and making a noise like a gun going off. Paul also made slashing motions directed at his parents. Paul was trained in martial arts and was a marksman in the Special Forces. On one occasion, Paul put on his martial arts pants and swung a sword over a chair in the dining room. Mrs. Paul, who was home alone with the defendant when she witnessed these actions, became so afraid that she slept in the family-camper in the backyard. At trial, she admitted that she believed that if she had stayed in the house that night, the defendant would have hurt her.

Decided March 24, 1998.

Mario S. Ninfo, for appellant.

Alan A. Cook, District Attorney, William K. Wynne, Jr., Assistant District Attorney, for appellee.

Paul’s nonverbal threats became more frequent and more violent. Paul acted like he shot his parents, he kicked in the door to an outbuilding, and he kicked the side of his father’s truck. Each time that Mr. Paul confronted the defendant about drinking alcohol, he got violent. Mr. Paul was afraid that the defendant would hurt him or his wife. Mr. Paul testified that he was afraid that the defendant would either shoot them, cut them, or beat them. The evidence also established that the defendant had access to guns and knives in the house.

Pursuant to OCGA § 16-5-20 (a), “[a] person commits the offense of simple assault when he either: (1) Attempts to commit a violent injury to the person of another; or (2) Commits an act which places another in reasonable apprehension of immediately receiving a violent injury.” It is a jury question as to whether the victims’ apprehension was reasonable. See Richards v. State, 222 Ga. App. 853, 855 (1) (c) (476 SE2d 598) (1996). In the present case, both victims testified that they were afraid of Paul and that he had the capability of carrying out what he was threatening. See McGee v. State, 165 Ga. App. 423, 425 (3) (299 SE2d 573) (1983) (victim’s testimony that she felt she was in tremendous danger, combined with other circumstances, supported conviction for simple assault). Therefore, having reviewed the record in the light most favorable to the verdict, we conclude that a rational trier of fact could have found Paul guilty of simple assault beyond a reasonable doubt. See Jackson v. Virginia, supra.

Judgment affirmed.

McMurray, P. J., and Eldridge, J., concur.