Kenneth Ray Levengood, 2014 WY 138

Levengood convicted of aggravated assault and battery for threatening to use a drawn deadly weapon (knife) against his ex-girlfriend.
Facts: intoxicated, 240-pound Levengood forced entry with an 18-inch knife into a locked bedroom shared with Thompson and her daughter A.L.
A.L. and Thompson sought refuge; Levengood attempted to gain entry, slashing and prying at the door and door frame.
Officer Sutton observed extensive door and hallway damage and concluded marks indicated a very violent situation.
A bench trial followed; the district court found Levengood guilty; he appealed challenging evidence of a threat.
Standard of review requires appellate courts to assess whether a rational trier of fact could find the elements beyond a reasonable doubt.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence to prove a threat to use a drawn weapon?	State argues the conduct and circumstances showed a threat.	Levengood contends no actual threat was proven given lack of weapon use toward Thompson.	Yes; reasonable inference supported threat to use knife.

Johnston v. State, 747 P.2d 1132 (Wyoming 1987) (threat requires inference from conduct and circumstances)
Hart v. State, 62 P.3d 566 (Wyoming 2003) (actual threat measured by conduct, not victim reaction)
Cox v. State, 829 P.2d 1183 (Wyoming 1992) (general intent crime; mere possession with actions can show threat)
Brown v. State, 332 P.3d 1168 (Wyoming 2014) (standard for sufficiency review; do not reweigh credibility)
Perritt v. State, 120 P.3d 181 (Wyoming 2005) (reiterates sufficiency framework for reviewing evidence)
Johnston v. State, 747 P.2d 1132 (Wyoming 1987) (threats may be inferred from words and acts under totality of circumstances)