State v. Nealy

── State v. Nealy ── Court: Court of Appeals of Arizona Date: April 23, 2026 Category: General NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. PARIS ANTONIO NEALY, Appellant. No. 1 CA-CR 25-0144 FILED 04-23-2026 Appeal from the Superior Court in Mohave County No. CR-2024-00889 The Honorable Lee Frank Jantzen, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Joshua C. Smith Counsel for Appellee Jill L. Evans Attorney at Law, Flagstaff By Jill L. Evans Counsel for Appellant  STATE v. NEALY Decision of the Court MEMORANDUM DECISION Presiding Judge Michael S. Catlett delivered the decision of the Court, in which Judge Angela K. Paton and Judge Jennifer M. Perkins joined. C A T L E T T, Judge: ¶1 Paris Antonio Nealy (“Nealy”) appeals his conviction for aggravated assault resulting in serious physical injury. Nealy argues the State presented insufficient evidence that he caused a serious physical injury and the prosecutor engaged in misconduct. Because there was sufficient evidence from which a jury could find Nealy caused serious physical injury, and Nealy has not shown prosecutorial error causing prejudice, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 C.G. worked as a security guard at a library in Kingman. On April 22, 2024, while on duty, an employee informed C.G. that Nealy was smoking in the library. C.G. reviewed surveillance footage confirming Nealy was smoking. C.G. advised Nealy he had to smoke outside. Nealy got upset, so C.G. told him to leave. Nealy left and C.G. reported the incident to his supervisor. ¶3 Later that day, while C.G. remained on duty, a patron informed him that Nealy was outside the library. C.G. went outside to give Nealy his supervisor’s business card. Nealy knocked C.G. backwards onto the concrete sidewalk. As C.G. got up, Nealy threw his bag on the ground and punched C.G. in the head, again knocking him onto the concrete. Nealy continued punching C.G. in the head. C.G. remained on the ground and moved between a bike rack and a short concrete wall. After he stopped punching C.G., Nealy picked up his bag and walked away. ¶4 A library employee took C.G. to the emergency room. The following day a specialist informed C.G. that his jaw was broken in two places and required emergency surgery. Medical staff wired C.G.’s jaw shut, so he could not move his mouth. This impacted C.G.’s ability to eat, drink, and sleep and caused him pain. C.G. also could not work until the wires were removed nearly three months later. At the time of trial ten 2  STATE v. NEALY Decision of the Court months later, C.G. still experienced soreness and difficulty chewing certain foods. ¶5 Officers detained Nealy the same day as the assault and observed blood on his hands and pants. The State charged Nealy with: (1) aggravated assault causing serious physical injury (“count one”); (2) aggravated assault causing temporary but substantial disfigurement (“count two”); and (3) aggravated assault by use of a deadly weapon or dangerous instrument (“count three”). See A.R.S. § 13-1204(A)(1)–(3). ¶6 During trial, C.G. and one of the responding officers testified. C.G. testified about his interactions with Nealy, the ensuing assault, and his resulting injuries. The responding officer testifi