Jury returns guilty verdict

PALMER-- After one-and-a-half days of deliberation, a Palmer Superior Court jury found a Wasilla teen guilty of one count of first-degree assault in an April incident that left his best friend with serious and possibly permanent injuries, and one count of second-degree assault.

The jury entered deliberations Wednesday at noon following final arguments in a trial that began on Dec. 10 and was scheduled to have ended on Tuesday.

Ricky Shivers, 17, originally faced three counts of first-degree assault, but entered a plea of no contest early in the trial to a reduced first count of second-degree assault. Shivers used a knife to inflict superficial stab wounds on his friend during the assault. He pled no contest to having, with intent to cause physical injury to another person, caused serious physical injury by means of a dangerous instrument.

During the trial, Assistant District Attorney Rachel Gernat attempted to show on the second count of first-degree assault that Shivers had intended serious physical injury to his 17-year-old best friend when he attacked the other boy for having sex with Shivers' 16-year-old girlfriend.

Defense Attorney Eugene Cyrus countered that Shivers did not intend serious injury, but only intended to scare his friend and give him a bloody nose and a black eye.

Gernat said Shivers did not stop the assault when he could see the victim was lying on the ground bleeding with his eye swollen shut, but continued to pound on him and therefore intended the injury.

The jury found Shivers not guilty of first-degree assault on count two, but delivered a guilty verdict on the lesser included count of second-degree assault, finding that Shivers recklessly caused serious physical injury instead.

On the third count, Gernat asked the jury to find Shivers guilty of first-degree assault. That, according to statute, means he knowingly engaged in "conduct that resulted in serious physical injury to another under circumstances manifesting extreme indifference to the value of human life."

In closing arguments, Cyrus told the jury the state had not met the burden of proof beyond a reasonable doubt. He pointed out that Shivers stopped the beating voluntarily and tried to take the victim to a hospital for treatment.

But the jury agreed with the state and found Shivers guilty of first-degree assault on the third count.

Superior Court Judge Beverly Cutler explained to the jury that the next step in the process was for the court to request a pre-sentence investigation from the Department of Corrections. She thanked them for their work and released them.

First-degree assault is a Class A felony carrying a possible maximum prison sentence of 20 years, while each count of second-degree assault (a Class B felony) carries a possible maximum sentence of 10 years.

Asked if Shivers would appeal the verdict, Cyrus said there was one issue he believed forms the basis for an appeal. He believes there was an error in the instructions to the jury, he said.

Shivers is being held at Mat-Su Pre-Trial Facility without bail pending appeal.

Sentencing is scheduled for Feb. 24, 2003.