Deacon v. Municipality of Anchorage, 021920 AKCA, A-13066

Docket Nº:A-13066
Opinion Judge:WOLLENBERG. JUDGE
Party Name:DARIN ALLEN DEACON, Appellant, v. MUNICIPALITY OF ANCHORAGE, Appellee.
Attorney:Matthew A. Michalski, Attorney at Law, Anchorage, for the Appellant. Jennifer L. Ivers, Assistant Municipal Prosecutor, and Rebecca A. Windt Pearson, Municipal Attorney, Anchorage, for the Appellee.
Judge Panel:Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges.
Case Date:February 19, 2020
Court:Court of Appeals of Alaska
 
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DARIN ALLEN DEACON, Appellant,

v.

MUNICIPALITY OF ANCHORAGE, Appellee.

No. A-13066

Court of Appeals of Alaska

February 19, 2020

UNPUBLISHED See Alaska Appellate Rule 214(d)

Appeal from the District Court, Third Judicial District, Anchorage, Jo-Ann Chung, Judge. Trial Court No. 3AN-16-04008 CR

Matthew A. Michalski, Attorney at Law, Anchorage, for the Appellant.

Jennifer L. Ivers, Assistant Municipal Prosecutor, and Rebecca A. Windt Pearson, Municipal Attorney, Anchorage, for the Appellee.

Before: Allard, Chief Judge, and Wollenberg and Harbison, Judges.

MEMORANDUM OPINION

WOLLENBERG. JUDGE

In May 2016, Anchorage Police Officer James Dokken responded to a reported assault. Delilah Arrow alleged that, approximately twelve hours earlier, Darin Allen Deacon had grabbed her, dragged her out of the room in which they were arguing, and kicked her in the head, injuring her face and damaging her glasses. Arrow told Officer Dokken that a woman named "Jessie" had witnessed the assault.

The Municipality of Anchorage charged Deacon with assault under Anchorage Municipal Code 08.10.010(B)(1), and Deacon's case proceeded to a jury trial. At trial, Deacon argued that he had not assaulted Arrow and that the Municipality had failed to prove its case. The jury found Deacon guilty as charged.

Deacon now appeals his conviction and asserts three claims, all of which stem from a statement made by Officer Dokken during his testimony.

At trial, Officer Dokken testified that Deacon was not present when he responded to the reported assault, but that he was able to contact Deacon by phone. Officer Dokken told Deacon that he was calling about an argument that had occurred between Deacon and Arrow earlier in the day. According to Officer Dokken's testimony, Deacon responded that "he had been defending one of his friends at the time - that [Arrow] had tried to assault one of his friends and then he acted accordingly to defend... his friend." (The parties agree that the friend to whom Deacon referred was "Jessie.") Officer Dokken then asked if they could talk in person, but Deacon hung up.

Deacon's...

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