Assault with intent to do great bodily harm (AWIGBH); Sufficiency of the evidence; Intent; People v Stevens; Sentencing; OV 7; Excessive brutality; People v Lydic; OV 8; Captivity; People v Allen

The court held that sufficient evidence supported defendant’s AWIGBH conviction and that OVs 7 and 8 were properly scored. He was convicted after assaulting his father, who was hard of hearing, in the father’s home. On appeal, the court first held that the prosecution presented sufficient evidence of intent to do great bodily harm because defendant “hit” the victim, “grabbed” him by the throat, tried to “throw [him] out the window” several times, and repeatedly told him “[i]t’s time for you to die.” The court reasoned that defendant’s “repeated hitting, punching, choking, and attempts to throw” the victim out the window satisfied the “minimal circumstantial evidence” required to prove intent under Stevens. The court next held that OV 7 was properly scored at 50 points because defendant’s conduct went beyond the minimum necessary to commit AWIGBH. The victim was hospitalized for two days, the assault was “stop and go,” defendant prevented him from calling for help, and the repeated death threats were “specifically intended to threaten” him beyond the physical assault. Relying on Lydic, the court held this supported a finding of excessive brutality or similarly egregious conduct. Finally, the court held that OV 8 was properly scored at 15 points because defendant held the victim captive by grabbing him by the throat, preventing him from leaving or calling 911, and requiring him to wait until defendant had “passed out a little” before he could escape and seek help. Affirmed.