in the Court of Appeals 27 February 2019.
by defendant from judgments entered 10 January 2018 by Judge
Beecher R. Gray in Beaufort County Nos. 14 CRS 50909, 50968
Attorney General Joshua H. Stein, by Assistant Attorney
General Carole Biggers, for the State.
Bleyman for defendant.
Kysheef Griffin ("defendant") appeals from
judgments entered on his convictions of felony assault
inflicting serious bodily injury and felony breaking and
entering with intent to terrorize or injure. For the reasons
stated herein, we find no error.
July 2014, a Beaufort County Grand Jury indicted defendant
for felony assault inflicting serious bodily injury and
felony breaking and entering. On 16 March 2015, a Beaufort
County Grand Jury issued a superseding indictment for felony
breaking and entering with intent to terrorize or injure. On
9 January 2018, this matter came on for trial in Beaufort
County Superior Court, the Honorable Beecher R. Gray
presiding. The State's evidence tended to show as
May 2014, defendant, a mixed martial arts fighter, opened the
front door of Mr. Marcus Frank ("Mr. Frank" or
"victim")'s home, and entered uninvited. Mr.
Frank heard the door open, so he walked towards the front of
the house to see who opened the door, and saw defendant. The
two men exchanged words, in reference to an incident
involving defendant's girlfriend. Mr. Frank insisted he was
not involved in the incident, but defendant did not believe
Mr. Frank, and hit him in the face.
men started fighting. Defendant threw Mr. Frank over a dog
cage. Mr. Frank attempted to run to the kitchen, but could
not get away from defendant, who was hitting, kneeing, and
kicking his face, head, neck, torso, and limbs. Eventually,
Mr. Frank was able to escape to the kitchen. He threw a
wooden spoon at defendant, and defendant fled in a car driven
by his girlfriend's stepfather.
Frank contacted his girlfriend, Sherry Bailey ("Ms.
Bailey"), who called 911. When law enforcement and
medical personnel responded to the call, Mr. Frank recounted
the attack to Officer Christopher Cordina of the Washington
Police Department, identifying defendant as his attacker.
Frank reported being unable to swallow, and was diagnosed
with a concussion. He also had numerous lacerations, swelling
and bruising on his face, and wounds on his knees and elbows.
Ms. Bailey testified Mr. Frank "looked -- his face was
deformed. He didn't look like himself, and he had --
where he had been, I guess maybe on the carpet where he had
-- he had blood. Like it was to the white meat."
Frank went to the police station, and Officer Cordina took
photographs of his injuries. Mr. Frank then went to the
emergency room. He testified he went to the hospital because:
I was in pain, and it was -- it was like really bothering me.
I had like a serious, serious bad headache, and that headache
lasted me from like four days from the incident happened. And
to this day, I'm still like getting like migraine
headaches. I'm ...