James Duncan was convicted of second-degree assault in Denver County, Colorado. The incident occurred when Duncan and the victim, Patricia Phalen, engaged in a heated argument at a hotel. During the altercation, Duncan struck Phalen on the side of her face, causing her to fall. The attack escalated as Duncan punched, kicked, and stomped on Phalen until she managed to escape.
Phalen sought help in the hotel lobby, where staff called 911. She reported losing hearing in her left ear. Paramedics transported her to the hospital, though she did not require immediate surgery. Twelve days later, Phalen consulted an ear, nose, and throat specialist, Dr. Scott Mann, who found a perforation in her eardrum caused by the assault. Dr. Mann testified that such injuries typically cause temporary hearing loss, usually healing within six to eight weeks.
Procedural History
Duncan was charged with second-degree assault under Colorado law, which defines serious bodily injury as an injury that carries a “substantial risk of protracted loss or impairment” of a bodily function. At trial, the prosecution presented evidence that Phalen's hearing loss persisted for approximately five months. The jury convicted Duncan, and he subsequently appealed the decision, arguing insufficient evidence and improper statutory interpretation.
Court’s Analysis of “Protracted Loss”
Duncan contended that the term “protracted” should be interpreted to mean “permanent.” He argued that the prosecution failed to show sufficient evidence that Phalen’s hearing loss met this standard. The court rejected this interpretation, concluding that “protracted” means “prolonged, continued, or extended” but does not require permanence.
The court found that the evidence presented—Phalen’s hearing loss lasting for five months, combined with expert testimony about the injury's nature—met the statutory definition of serious bodily injury. It emphasized that the statute does not require permanent damage, only a substantial risk of extended impairment.
Prosecutorial Conduct and Additional Claims
Duncan also challenged statements made by the prosecutor during closing arguments, alleging they misrepresented legal standards and burden of proof. The court reviewed these claims and found no evidence of misconduct or misstatements that would constitute reversible error.
Conclusion
The Colorado Court of Appeals upheld Duncan’s conviction, affirming the jury’s finding that the injury sustained by Phalen constituted serious bodily injury under Colorado law. This case highlights the importance of understanding statutory language in criminal proceedings.
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