Background
During an unpleasant first date, Alexander Ryan Fregosi followed the victim to her 2018 Honda Civic after she left the venue. When she said she wanted to leave, Fregosi repeatedly kicked the driver’s door near its handle, leaving a large dent.
Fregosi conceded that he knowingly damaged the car but contested the amount of damage. The victim testified that the shop replaced the door shell and trim, performed additional work, and that she paid a $600 insurance deductible while her insurer paid the remainder. But the repair receipt was excluded as hearsay, and the prosecution offered no evidence of the cost of the parts or the number of labor hours required.
The Court’s Holding
The Colorado Court of Appeals held that the evidence was insufficient to sustain the felony conviction, which required proof of at least $2,000 in property damage. The evidence supported an inference that the damage exceeded $600, but it did not permit a jury to determine the amount of parts or labor costs without speculation.
The court rejected the prosecution’s contention that jurors could use common knowledge to bridge the gap between $600 and $2,000. It reversed the felony judgment and sentence and remanded for entry of judgment and resentencing for class 2 misdemeanor criminal mischief, which covers damage of at least $300 but less than $1,000.
Key Takeaways
- Proof that repairs occurred and insurance paid an unspecified remainder does not establish a particular damage amount.
- Jurors may draw reasonable inferences, but cannot estimate repair costs based on speculation.
- When proof supports a lesser grade of criminal mischief but not the charged grade, judgment may be entered on the lesser offense.
Why It Matters
The decision underscores that damage thresholds affecting the grade of criminal mischief require evidence connecting the repair work to a provable dollar amount. Photographs and generalized testimony about repairs may establish damage, but they do not necessarily establish the statutory threshold for a felony.