State v. Reaves, COA24-663, ___ N.C. App. ___ (Feb. 19, 2025)

In this Durham County case, defendant appealed his convictions for assault with a deadly weapon inflicting serious injury, arguing error in denying his motion to dismiss because the victim’s injuries were not “serious” under G.S. 14-32(b). The Court of Appeals found no error.

In 2022, defendant and the victim, defendant’s on-and-off girlfriend, rekindled their relationship and the victim moved into defendant’s apartment. Their relationship soured and defendant became abusive towards the victim, culminating in September 2022 when defendant punched and kicked the victim and hit her with a curtain rod and the butt of his handgun. The victim eventually escaped by jumping from the balcony and running to a nearby mail carrier for help. At the hospital, an examination documented bruising, swelling, and tenderness on the victim’s body. At trial, the State called law enforcement, EMS, and a nurse from the hospital to testify to the victim’s injuries, and admitted photographs of her injuries and hospital reports.

On appeal, defendant argued that the State provided insufficient evidence of the severity of the victim’s injuries, pointing to State v. Brunson, 180 N.C. App. 188 (2006), and State v. Ramseur, 338 N.C. 502 (1994), and arguing “Brunson and Ramseur stand for the proposition that a serious injury, at a minimum, requires medical attention that goes beyond a mere cursory examination.” Slip Op. at 10. The Court of Appeals rejected defendant’s argument, explaining that North Carolina courts have declined to establish a threshold for serious injury, and to accept his argument here “would be to adopt a threshold requirement contrary to longstanding case law.” Id. After reviewing the record in this case, the court held that “[t]he State presented sufficient evidence to allow the jury to decide whether Defendant inflicted serious injury upon [the victim].” Id. at 11.