Caparrotta

I.

FACTUAL AND PROCEDURAL BACKGROUND

Caparrotta’s father (Father) is in the latter half of his seventies.1 Father has arthritis, walks with a cane, and is no taller than 5’3”. On December 12, 2021, Father was sitting in his living room, watching television. Caparrotta was at the house and, according to Father, was loud and drunk. Father asked Caparrotta to leave the house because he did not want to engage with Caparrotta in an argument about Caparrotta’s girlfriend.

At trial in April 2022, Father testified that he was 77 years old. The events at issue in this appeal occurred less than six months earlier, in December 2021, which means that Father was 76 or 77 at the time.

2 As Father testified, Caparrotta reacted by punching Father in the head

several times.2 The blows were “strong.” They knocked Father out of his seat to the ground, and they made Father’s glasses fly off his face. While Father was on the ground, Caparrotta hit Father three times in the ribs before leaving the house. Father testified that as a result of the assault, his face was “full of blood,” he was bleeding from his ear, and he had cuts and scrapes on his arm. Paramedics arrived and treated Father at…