November 4, 2015
briefs: Verne E. Paradie, Jr., Esq., Paradie, Sherman, Walker
& Worden, Lewiston, for appellant Jason Weaver.
Anderson, District Attorney, and Kate Tierney, Asst. Dist.
Atty., Prosecutorial District No. Two, Portland, for appellee
State of Maine.
argument: Verne E. Paradie, Jr., Esq., for appellee Jason
Weaver Kate Tierney, Asst. Dist. Atty., for appellee State of
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
[¶1] Jason J. Weaver appeals from a judgment
of conviction for aggravated assault, 17-A M.R.S. §
208(1)(A) (2014), entered in the Unified Criminal Docket
(Cumberland County, Warren, J. ) after a jury trial.
Weaver argues that his trial was tainted by obvious error as
a result of a statement the prosecutor made during closing
argument and the court's self-defense jury instruction.
He also challenges the sufficiency of the evidence supporting
his conviction. We affirm.
[¶2] Viewing the evidence in the light most
favorable to the jury's verdict, the trial record
supports the following facts. See State v.
Patton, 2012 ME 101, ¶ 2, 50 A.3d 544. Weaver and the
victim began dating in September of 2013. In January of 2014,
the two began arguing after the victim refused to give Weaver
her cellular telephone. In order to get the telephone, Weaver
grabbed the victim's wrists, straddled her, and pushed
her face into the bed. After some struggling, the victim was
able to move enough so that she was facing Weaver. When he
put his hands around her neck, she bit him. Weaver then threw
the victim off the bed, where her head struck and broke a
[¶3] Weaver eventually returned the
victim's telephone, but later he took it again and
smashed it on the floor. He then punched the victim six times
on the left side of her head.
[¶4] When the victim was able to get to a
hospital, she learned that, among other injuries, she had
suffered two broken eye sockets and a fractured vertebral
body. She had double vision for about six weeks, wore a neck
brace for twelve weeks, missed about three and a half months
of work, and was still experiencing headaches at the time of
trial about seven months after the assault.
[¶5] On July 24, 2014, the State charged
Weaver by information with aggravated assault (Class B),
based on an allegation of serious ...