Appeal from the Iowa District Court for Marion County, Terry R. Rickers, Judge.
Craig Reed appeals from the judgment and sentence entered upon his conviction for assault causing bodily injury.
Nicholas A. Bailey of Bailey Law Firm, P.L.L.C., Mitchellville, for appellant.
Thomas J. Miller, Attorney General, Sheryl A. Soich, Assistant Attorney General, Ed Bull, County Attorney, and Nicole Olson, Assistant County Attorney, for appellee.
Considered by Doyle, P.J., and Tabor and Bower, JJ.
Craig Reed appeals from the judgment and sentence entered upon his conviction for assault causing bodily injury, in violation of Iowa Code sections 708.1 and 708.2 (2011). Reed claims the evidence was insufficient to support his conviction and he received ineffective assistance of counsel. We affirm.
I. Background Facts and Proceedings
This case arose following a physical altercation between Craig Reed and Danny Clark at the town park in Bussey, Iowa. The following can be deduced from the record.
On November 6, 2011, Danny Clark went to a bar in Oskaloosa with his girlfriend. Clark had already consumed "six to eight beers" that day and ordered another when he arrived at the bar. Clark encountered Leroy Lanphier, Craig Reed's cousin, at the bar. Their conversation became "pretty much an argument." Clark finished his beer and left to go home.
Word quickly spread to Reed about his cousin's encounter with Clark at the bar in Oskaloosa. Reed and Clark had known each other for many years. When Clark arrived home in Bussey, he realized he had a voice mail from Reed. Clark returned Reed's call. Reed and Clark agreed to "meet at the park" in Bussey.
Reed and his wife were at the park when Clark and his girlfriend arrived. Although Clark's and Reed's accounts of that day are similar up to that point, there is a clear divergence as to what happened once they arrived to the park.
According to Clark, Reed approached him and said, "I'm not here to talk, " and then hit Clark in the head. Clark fell to the ground and Reed sat on top of him. After Reed dished out "four or five punches, " he asked Clark if he had "had enough." Clark answered, "Yes, " and then Reed said, "No, you haven't, " and then hit Clark "one more time." Reed then got off Clark and said he hoped this would teach Clark to leave Reed's relatives alone. Clark stated he "never attempted to swing a fist or anything towards [Reed]." When asked if he went to the park intending to fight Reed, Clark stated, "Absolutely not. I'm scared to death of [Reed]. . . . He's tough. I don't know of anybody that's ever whipped him." When asked if Reed tried to walk or run away, Clark stated, "Absolutely not. He was the aggressor."
According to Reed, Clark approached him yelling and "grabbed [him] right by the shirt." Reed noticed Clark had taken his glasses off and his fists were clenched, which meant "he was there to fight." Reed stated he "grabbed [Clark] back by the shirt, " they "scuffled around, " and Clark "hit [him] under the left eye." Reed acknowledged Clark did not get "a good whack" at him. They "wrestled and went to the ground, " where Clark "swung again and just missed the front of [Reed's] face." Reed then got Clark "held back over, and hit him a couple times in the head." Reed recalled Clark was a "well-known biter" and did not fight fairly. At that point, however, Reed "could see [Clark] couldn't do no harm." Reed asked, "Danny, are you done, " and Clark responded, "Yes." Reed started to get up and "pushed [him]self away from [Clark] so [he] couldn't get hit." At that point, Clark "got all bristled up again and started hollering, " but Reed "got in [his] truck ...