DAMION LEQEUINN LEWIS A/K/A DAMION LEWIS A/K/A DAMIEN LEWIS A/K/A DAMION L. LEWIS A/K/A DAMION LEQEUNN LEWIS APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 06/11/2015
FROM WHICH APPEALED: HARRISON COUNTY CIRCUIT COURT, FIRST
JUDICIAL DISTRICT, HON. LAWRENCE PAUL BOURGEOIS JR., TRIAL
ATTORNEYS FOR APPELLANT: OFFICE OF STATE PUBLIC DEFENDER, W.
DANIEL HINCHCLIFF GEORGE T. HOLMES
ATTORNEYS FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL JOSEPH
SCOTT HEMLEBEN JASON DAVIS
DISTRICT ATTORNEY: JOEL SMITH
GRIFFIS, P.J., ISHEE AND GREENLEE, JJ.
Damion Leqeuinn Lewis was convicted of felony aggravated
domestic violence in violation of Mississippi Code Annotated
section 97-3-7(4) (Supp. 2013). Damion was sentenced to
twenty years, with thirteen years suspended and seven years
to serve in the custody of the Mississippi Department of
Corrections. The circuit court denied the posttrial motion
for a new trial or, in the alternative, a judgment
notwithstanding the verdict (JNOV). On appeal, we find no
error and affirm.
AND PROCEDURAL HISTORY
Damion and Rosa Victor Lewis were married but separated. On
June 15, 2014, Rosa traveled to Damion's home in Gulfport
from her home in Bogalusa, Louisiana, in an attempt to
reconcile the marriage.
They planned to celebrate their anniversary and Father's
Day with a visit to a casino and a comedy show. The show was
to begin at 8 p.m. Rosa told Damion that she was running late
and would not arrive at his home until after the show began.
Damion and Rosa arrived just as the show ended. They met up
with friends and went into a nightclub at the casino. They
both consumed several alcoholic beverages, but neither
admitted to being intoxicated.
Damion and Rosa had a disagreement while leaving the
nightclub. They argued during the ride back to Damion's
home. The argument escalated into a physical altercation in
Damion's bedroom. From the physical encounter, Rosa
received injuries to her ear, face, and neck.
Rosa drove herself to Garden Park Medical Center in Gulfport.
Nurse Ellen Emile was the first to encounter Rosa when she
arrived. Emile testified that she was working at the triage
station when Rosa came into the emergency room. She stated
that Rosa was crying uncontrollably and was unable to explain
what happened. Emile further testified that Rosa presented
with red marks on the sides of her face, ear, and neck, and
redness in each of her eyes. After she calmed down, Rosa
informed the nurse that Damion struck her in the face,
punched her on the ear, and pushed her onto a bed, where he
Rosa was examined and treated by Dr. Ronnie Ali, the
emergency-room physician on duty. Dr. Ali testified that
Rosa's injuries were consistent with being hit on the ear
with a fist. He observed blood in Rosa's ear and
diagnosed her with a ruptured eardrum, which he believed
resulted from an impact. Dr. Ali also testified that Rosa had
marks around her neck that were consistent with
strangulation. It was Dr. Ali's opinion that the redness
in Rosa's eyes was "petechia" caused by
strangulation. He stated that the petechia was caused by
"an extreme amount of force" to Rosa's neck,
which caused the "tiny little blood vessels . . . [to]
explode and form a small bleed ...