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State v. Farrar4/16/2002
y mouth when I'm telling you the truth.
Q: All right. So you're saying it's possible for you in a given day to drink anywhere from 72 to 96 beers. You could do it?
A: Ain't no problem.
Q: But you don't recall whether this was a 72- or a 96- beer day back on November 2nd?
A: It could have been 140.
Q: All right. And, Mr. Farrar, I take it you have no problem overexaggerating things by any means?
A: No, sir. You can check my record. I've been to Buffalo Valley. I'm a full-blown alcoholic. They say I was born that way, and I guess I'll die that way.
The witness later revised upward his estimate of the number of beers he had consumed on the day of the incident, stating that " t might have been 184."
Eldie and Steve Farrar's accounts of the incident were essentially similar to that offered by Terry Wayne Farrar. Both men testified that Chad West flagged down their car and then made the vulgar remark about the defendant's sister, which provoked the defendant into slapping the beer bottle out of his hand and hitting him in the face. They testified that the victim drove up in time to witness the defendant hit West a second time, and that he reacted by grabbing the defendant by the neck. Eldie Farrar testified that the victim "punch " the defendant "two or three times" in the back of the head, and that when he tried to intervene, the victim told him to "get out of his face" or he would kill him. Steve Farrar testified that the victim slammed the defendant's head into the truck, and that he heard him threaten to beat Eldie and Terry Wayne "off the lot" when they attempted to intervene in the fight. Steve Farrar was unable to say how many times the victim beat the defendant's head into the truck, and neither man testified regarding how long the fight lasted. Both testified that the victim had let go of the defendant and was either walking away or backing up when he fell backwards to the ground in the vicinity of the broken beer bottle. Steve Farrar testified that the victim "fell backwards because he was drunk[,]" and Eldie Farrar testified that he never saw the defendant fall to the ground with the victim. Neither man saw a knife nor the defendant lunge at the victim. Both testified that the intoxicated victim later showed up at Roy and Peggy Farrar's house in a belligerent mood. Eldie Farrar admitted on cross-examination that he had been convicted of failure to appear.
The defendant's final witness was his mother, Peggy Farrar, who testified that she was at home in the early morning hours of November 3, 2000, when she heard a truck pull up and a "loud ruckus." Going outside, she saw the victim "all up in husband's face cussing and carrying on." Her husband went inside, and she told the victim to leave. He replied that he "didn't have to," and continued "rambling on and on pretty much threatening everybody." At one point, he came toward her, " ort of in a threatening manner," and she turned around, went inside, and called 911. Mrs. Farrar testified that the defendant had several knots on his head, a red bruise on his cheek, and a busted lip from his encounter with the victim.
After deliberating, the jury found the defendant guilty of reckless aggravated assault resulting in serious bodily injury and reckless aggravated assault with a deadly weapon. The trial court merged the two counts into a single conviction for reckless aggravated assault resulting in serious bodily injury, a Class D felony, and sentenced the defendant to three years and six months in the Department of Correction. Thereafter, the defendant filed a timely notice of appeal to this court.
ANALYSIS
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