State v. Zephier

WILBUR, Justice.

[¶ 1.] Jeremy Zephier appeals his aggravated assault conviction arguing that the trial court abused its discretion in denying his (1) proposed jury instruction and (2) motion for a new trial. We affirm.

FACTS AND PROCEDURAL BACKGROUND

[¶2.] Zephier was at Donita Wika’s Vermillion apartment drinking beer with friends on a Friday evening. That same evening, Julia Marshall, Zephier’s former girlfriend, was with her new boyfriend, Carlos Diaz. Marshall and Diaz visited several bars in downtown Vermillion where both consumed alcohol. When the bars closed, both Marshall and Diaz…