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Riddick v. United States9/12/2002
Argued January 22, 2002
Wayne Riddick and Martin Teasley appeal their jury convictions of assault with intent to kill while armed and aggravated assault while armed, arising from their involvement in the May 19, 1998, physical assault on Denice Davis. Both appellants claim that the trial court erred in denying their respective motions for judgment of acquittal based on the insufficiency of evidence presented at trial. Teasley further contends that his constitutional right to confront witnesses against him was violated when the trial court limited his defense counsel's cross-examination of two government witnesses and that the trial court committed reversible error in not instructing the jury on the definition of "serious bodily injury"as an element of aggravated assault. We affirm.
I. FACTS
Denice Davis testified that on the evening of May 19, 1998, she was attacked by two men while on the back porch of the apartment where she lived in an abandoned building located at 1242 Meigs Place, N.E. The two men, whom she identified as appellant Wayne Riddick and an individual named Rob Lowrey, lived together with appellant Martin Teasley in an apartment next to hers. On the evening in question, Riddick and Lowrey interrupted Davis as she was packing some belongings and accused her of stealing personal items belonging to them. According to Davis, Lowrey said, "Let's throw this bitch over the bannister," and "I'm going to kill this bitch." He then hit Davis in the face and pushed her up against a wall, and both men began kicking and beating her as she tried to make her way out of the apartment.
The attack soon became more brutal as the men began using a stick to stab Davis in the head and hands. It was at this time that appellant Teasley appeared and, upon learning that it was Davis who was being attacked, joined in saying, "Let's kill this bitch." Sometime during the ensuing assault, Lowrey told Teasley to get a knife. Teasley left and returned with a butter knife, which he placed up against Davis' neck. Apparently upset at Teasley's choice of weapon, Lowrey threw the knife down complaining, "That ain't going to cut nothing," and went into his apartment. Meanwhile, Teasley and Riddick continued the assault on Davis. At one point, even though Teasley was holding her arms, Davis almost got away from the two men, but Riddick grabbed her, and Teasley started "stomping" on her. Lowrey then rejoined the attack, bringing something sharp which he used to "slice" Davis's neck. After that, Davis heard glass break and felt someone jabbing her on her head and back. She moaned in pain and screamed for help as loud as she could, crying out, "Help me, help me." The attack continued until Lowrey suddenly stood up and told the others to stop beating her. When Davis looked over the bannister, she saw that a police car had arrived.
Officer Aris Paredes testified that he and his partner, Officer Lopez, arrived on the 1200 block of Meigs Place, N.E., in response to a radio call while on routine patrol. After parking their patrol car in an alley directly behind a two-story building, the officers noticed a woman standing in the window of the building next door, pointing at the abandoned building at No. 1242. Officer Paredes then heard someone scream. Both officers immediately turned their radios down, pulled out their flashlights and weapons, and began walking up the inside stairs of the abandoned building which led to the second floor landing. As they walked up, the officers heard a female voice cry out for help and then two other distinct male voices. One of the voices said, "Kill the bitch," while the other, rougher voice said, "You're gonna die." When Officer Paredes got to the t
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