District Court, West Jordan Department The Honorable Bruce C.
Lubeck No. 151400258
C. Watt, Wesley J. Howard, and Diana K. Pierson, Attorneys
D. Reyes and Tera J. Peterson, Attorneys for Appellee.
Stephen L. Roth authored this Opinion, in which Judges
Michele M. Christiansen and Kate A. Toomey concurred.
Patrick Raymond Yazzie physically attacked Victim while she
was a guest at his house. Yazzie appeals his jury conviction
for aggravated assault, a third degree felony. We affirm.
Yazzie and Victim had known each other for some time. In
January 2015, Yazzie invited Victim to his house after the
two talked on the phone. He met her downtown; the two
purchased some liquor together and then rode the train and a
bus to the house Yazzie shared with his brother, sister, and
niece. The two started drinking as soon as they arrived at
the house. Over the next few days, they drank heavily and
argued. At some point, the argument became physical, and
Yazzie started "throwing [Victim] around, " and hit
Victim on the face, back, and legs. Yazzie hit Victim with
his hand, and also hit her with an object "[a] couple of
times" on her back. Yazzie bit Victim on her right
cheek, puncturing her skin, and struck her in the mouth,
driving her teeth through her lower lip.
Fearing the abuse would continue, Victim eventually called
her mother (Mother) to come to the house and pick her up.
When Mother arrived, Victim's face was "so full of
blood she was unrecognizable." While Mother was in the
room, Yazzie threw Victim into a wall. Victim tried to get
up, but Yazzie kept "lean[ing] back" against Victim
and "push[ing] her." Eventually Victim got up, but
she appeared "very slow" and "really
weak." Yazzie "kicked at" Victim while she
tried to dress herself. Mother immediately took Victim to the
A nurse examined Victim when she arrived at the hospital. She
"was trembling, " her "hair was . . . messy
[and] disheveled, " and she "had blood all over her
face." Victim told the nurse, "My whole body hurts.
My back hurts really bad." Victim reported that Yazzie
bit her on her right cheek, hit her in the face, hit her on
the back with a hammer, held her down, and raped her. She
reported that her teeth had cut her lip as a result of Yazzie
hitting her in the face.
The nurse observed several injuries on Victim's body
consistent with her account of the assault. She had three
puncture wounds to her lower lip and "tender bruising,
multiple punctures . . . purple and red in color, [and]
circular in shape, " on her right cheek, consistent with
a bite mark. Victim had a puncture and a tender bruise on her
upper right arm, as well as a cut and a puncture on her left
hand. She also had a "red, tender bruise" near her
tailbone and "a lot of . . . swelling in the
tissue" in that area, consistent with being hit by a
hard object that was "circular like the head of a
hammer." She also had a "red, tender bruise"
on her upper mid-back and a "purple, tender bruise"
with "red pinpoint hemorrhages" on her right inner
thigh, consistent with blunt force trauma or
"strangulation." On her left inner thigh, Victim
had two circular, purple, tender bruises, and she also had a
tender, red bruise on the back of her right leg. The nurse
also noted an "extremely painful, dark purple
bruise" near Victim's rectum and several lacerations
on Victim's genital area.
The State charged Yazzie with aggravated kidnapping, a first
degree felony; rape, a first degree felony; and two counts of
aggravated assault, third degree felonies. The State later
dismissed one of the aggravated assault counts.
The court instructed the jury that to convict Yazzie of
aggravated assault, the prosecution had to prove beyond a
reasonable doubt that Yazzie did:
(1) . . . with unlawful force or violence, (a) cause or
create a substantial risk of bodily injury to another; or (b)
attempt to do bodily injury to another; or (c) threaten,
accompanied by a show of immediate force or violence, to do
bodily injury to another; and
(2). . . did such with the use of (a) a dangerous weapon, or
(b) other means or force likely to produce serious ...