P. v. Nye
Defendant Kenneth Bruce Nye repeatedly beat and verbally threatened his wife (the victim) during their marriage of approximately seven years. In this case, a jury found him guilty of making criminal threats and inflicting corporal injury on the victim having previously been convicted of corporal injury on her within seven years.
The evidence supporting the current crimes was as follows: On October 21, 2011, defendant (who was living apart from the victim) came over to her house to return some bike tires, but the victim told him to leave. Instead of leaving, defendant went inside a garage on the property. The victim told him to get off the property. Defendant hit the victim on her head with something that felt like a metal pipe, causing her nose to bleed, and then told her, “ ‘I’m going to kill you, bitch.’ †The victim called 911, and police found defendant hiding in his car. Defendant denied hitting the victim and said he was being sarcastic when he told her he was going to kill her. Approximately four years before these crimes, defendant pled to inflicting corporal injury on the victim.
At trial, defendant’s sister testified that the victim had falsely accused the sister of “attacking [the victim], hitting her, [and] vandalizing her home.†Defendant’s sister acknowledged that charges were filed against her, but she claimed it was a “false police report.â€
On appeal, defendant raises two evidentiary issues and one sentencing issue. Finding merit in only the sentencing issue, we modify the judgment.
Comments on P. v. Nye