J-S29022-19

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA

v.

ISA LYONS 

Appellant

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 IN THE SUPERIOR COURT OF

 PENNSYLVANIA

 No. 3571 EDA 2018

Appeal from the Judgment of Sentence Entered November 19, 2018

In the Court of Common Pleas of Montgomery County Criminal Division 

at No(s): CP-46-CR-0003526-2017

BEFORE: BENDER, P.J.E., LAZARUS, J., and FORD ELLIOTT, P.J.E.

MEMORANDUM BY LAZARUS, J.: FILED AUGUST 21, 2019

Isa Lyons appeals from the judgment of sentence, entered in the Court 

of Common Pleas of Montgomery County, following his conviction for

aggravated assault,1 simple assault,2recklessly endangering another person,3

and harassment.4 Lyons argues that the evidence was insufficient to support 

a verdict of guilty for aggravated assault. After careful review, we affirm. 

On April 30, 2017, Horace White, the victim, and Lyons went separately

to Johnnie’s Bar (“Johnnie’s”). White, a man in his late seventies, made rude 

comments towards Lyons. The men left Johnnie’s without any incident. On 

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1 18 Pa.C.S. § 2702(a)(1).

2 18 Pa.C.S. §§ 2701(a)(1), (3).

3 18 Pa.C.S. § 2705. 

4 18 Pa.C.S. § 2709(a)(1). 
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May 1, 2017, both men returned separately to Johnnie’s, and Lyons had a 

disagreement with the bartender. Once again, White made another rude 

comment directed towards Lyons. After making the rude comment, White sat 

at the bar, interacted with a few customers, and eventually proceeded towards 

the restroom. Before White reached the bathroom, Lyons punched White in 

the face ten times, followed by one kick to the head. White lost consciousness 

after the first punch. An ambulance transported White to the hospital, where

he spent approximately four days recovering from his injuries. 

Detective Charles Leeds of the Norristown Police Department arrived at

Johnnie’s shortly after the incident. Upon arrival, Detective Leeds saw blood 

and human teeth on the floor. The Commonwealth entered photographs of 

the blood, Johnnie’s surveillance video, and White’s teeth as exhibits at trial. 

The bar’s surveillance video captured the entire assault. 

On May 16, 2018, following a bench trial, Lyons was convicted of the 

aforementioned offenses. Lyons was sentenced on November 19, 2018, to six

to twelve years’ incarceration. Lyons filed a timely post-sentence motion on 

November 28, 2018, which was denied the following day. On December 13, 

2018, Lyons filed a notice of appeal to this Court, followed by a court ordered

Pa.R.A.P. 1925(b) concise statement of errors complained of on appeal. On 

appeal, Lyons argues there was insufficient evidence to prove intent to inflict 

serious bodily injury, an element of aggravated assault. 

A claim challenging the sufficiency of the evidence is a question of law

and our standard of review is well-settled. Evidence will be deemed sufficient 
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to support the verdict when it establishes each element of the crime beyond 

a reasonable doubt. Commonwealth v. Karkaria, 625 A.2d 1167, 1167 (Pa. 

1993). When reviewing a sufficiency claim, the court is required to view the 

evidence in the light most favorable to the verdict winner, giving the 

prosecution the benefit of all reasonable inferences to be drawn from the 

evidence. Commonwealth v. Chambers, 599 A.2d 630, 633 (Pa. 1991).

A person is guilty of the offense of aggravated assault if he attempts to 

cause serious bodily injury or causes serious bodily injury intentionally, 

knowingly or recklessly under circumstances manifesting extreme indifference 

to the value of human life. See 18 Pa.C.S. § 2702(a)(1). Serious bodily injury 

is defined as “bodily injury which creates substantial risk of death or which 

causes serious, permanent disfigurement, or protracted loss or impairment of 

the function of any bodily member or organ.” 18 Pa.C.S. § 2301. Losing four 

teeth constitutes serious bodily injury.5 See Commonwealth v. Kinney, 157 

A.3d 968, 973 (Pa. Super. 2017). As White suffered serious bodily injury, the 

evidence does not need to show intent to cause serious bodily injury; it is 

sufficient if it shows Lyons acted intentionally, knowingly, or recklessly. See

18 Pa.C.S. § 2702(a)(1); see also Commonwealth v. Burton, 2 A.3d 598, 

602 (Pa. Super. 2010). 

For a defendant to be guilty of aggravated assault, mere recklessness is 

not sufficient. Rather, the circumstances must manifest an extreme 

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5 Lyons does not contest the trial court’s findings that White suffered serious 

bodily injury. 
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indifference to the value of human life. See Commonwealth v. O’Hanlon,

653 A.2d 616, 618 (Pa. 1995). “Where the intention of the actor is obvious 

from the act itself, the finder of fact is justified in assigning the intention that 

is suggested by the conduct.” Commonwealth v. Meredith, 416 A.2d 481, 

485 (Pa. 1980). A person acts recklessly when he can reasonably anticipate 

serious bodily injury or death will be the consequence of his action, and then 

ignores the consequence. See Commonwealth v. Hlatky, 626 A.2d 575, 

581 (Pa. Super. 1993). A surprise attack to the head on an unsuspecting 

victim can constitute reckless indifference to the value of a human life. 

Commonwealth v. Patrick, 933 A.2d 1041, 1047 (Pa. Super. 2007); see 

also Burton, 2 A.3d at 604. 

Our Supreme Court has provided a non-exhaustive list of factors to 

consider when determining whether the intent to inflict serious bodily injury 

was present. Commonwealth v. Matthew, 909 A.2d 1254, 1258 (Pa. 

2008). The factors include: significant difference in size or strength between 

the victim and the defendant; any restraint of the defendant preventing him

from escalating the attack; the use of a weapon; and statements before, 

during or after the attack which might indicate the defendant’s intent. Id.

(citing Commonwealth v. Alexander, 383 A.2d 887, 889 (Pa. 1978)). The 

intent to cause serious bodily injury can be established by evidence showing 

that a defendant intended to strike a victim already rendered dazed and 

helpless. See Commonwealth v. Faulk, 928 A.2d 1061, 1071 (Pa. Super. 

2007). 
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Here, there was sufficient evidence to show Lyons acted recklessly with 

indifference to human life when he initially struck White. See Patrick, 933 

A.2d at 1047. White, an elderly man, was walking to the restroom, 

unprepared for the punch. Additionally, the Commonwealth presented 

sufficient evidence to show Lyons acted with intent to inflict serious bodily 

injury. Under the Alexander factors, there was sufficient evidence to show 

Lyons intended to cause serious bodily injury. Alexander, 383 A.2d at 889. 

Lyons is significantly younger and larger than the victim, and the other bar 

patrons attempted to prevent Lyons from approaching the victim after the 

initial assault. Lyons repeatedly striking a substantially smaller unconscious 

man is further evidence of his intent to cause serious bodily injury. See 

Faulk, 928 A.2d at 1071. Thus, we conclude the evidence was sufficient to 

support Lyons’ aggravated assault conviction. 

Judgment of sentence affirmed.

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 8/21/2019