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State v. Grady

Court of Appeals of Arizona, First Division

October 1, 2015

STATE OF ARIZONA, Appellee,
v.
JAY CHRISTOPHER GRADY, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Yuma County No. S1400CR201200678 The Honorable David M. Haws, Judge

COUNSEL Arizona Attorney General's Office, Phoenix By Myles Braccio Counsel for Appellee

Yuma County Public Defender's Office, Yuma By Edward F. McGee Counsel for Appellant

Judge Kent E. Cattani delivered the decision of the Court, in which Presiding Judge Diane M. Johnsen and Judge John C. Gemmill joined.

MEMORANDUM DECISION

CATTANI, Judge:

¶1 Jay Christopher Grady appeals his conviction of aggravated assault. For reasons that follow, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 In mid-March 2012, the victim and his father-in-law drove to Martinez Lake in Yuma County to pick up the victim's boat. The victim lived in California but for many years had vacationed at the lake. They arrived around 10:30 p.m. on a Friday night and went to a nearby bar for drinks.

¶ 3 The victim and his father-in-law sat by themselves at a table across the bar from a large group. After about half an hour, the victim bought a second round of drinks, and an inebriated woman named Lisa sat down at the table across from them. Lisa was physically carried out of the bar by her friends a short time later.

¶ 4 Within about a minute, Grady walked up behind the victim, spun him around by the shoulder, and punched him in the throat while saying "you dissed my buddy's wife." When the victim came to, he could not talk, had difficulty breathing, and sought medical attention. His father-in-law also had been knocked out, and the victim stayed with him while waiting for an ambulance to arrive. After an EMT found no immediate life-threatening injuries, the victim declined to go to the hospital.

¶ 5 The victim and his father-in-law drove home the next morning, and the victim sought medical treatment there. According to the victim, medical imaging two days later showed that he had fractured his larynx and that, had the fracture shifted, it could have blocked his airway.

¶ 6 A Yuma County Sheriff's deputy interviewed Grady several weeks after the incident. Grady admitted striking the victim once and seemed apologetic, but stated that he had walked over to talk and the victim had raised his elbow (albeit without striking him), and that he had responded by striking the victim.

¶ 7 The State charged Grady with one count of aggravated assault, and the jury convicted him of the offense. Grady timely appealed after the court imposed 48 months of supervised probation. We have jurisdiction under Arizona ...


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