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Ohio Man Not Guilty of Attempted Murder in Domestic Assault

November 25, 2015 | Written by Dan Margolis

What police once believed was a domestic violence incident with both parties at fault later turned into an attempted murder charge against one of the suspects. In the end, though, the jury appears to have decided that the authorities were closer to the truth the first time.

Jurors in the trial of an Ohio County man recently found him not guilty of attempted murder and malicious wounding of his girlfriend in September 2014. The jury did find him guilty of battery, the Intelligencer reports.

The case began on Sept. 19, 2014, when police arrested both the defendant and his girlfriend on suspicion of domestic battery. The girlfriend sustained a fracture in a neck vertebra, and she went to police headquarters a few days later to give her version of events. She claimed that her boyfriend verbally berated her while another woman listened in via Skype. The girlfriend said she threw the boyfriend’s phone, at which point the defendant pushed her onto a coffee table and began hitting her, at one point twisting her neck.

The defendant testified at trial that he came home to find his girlfriend enraged. He said she attacked him and he pushed her away to defend himself.

In the end, the jury was not convinced beyond a reasonable doubt that the defendant intended to kill his girlfriend. The battery charge jurors convicted him of is a misdemeanor with a possible sentence of up to a year in jail and a $500 fine.

Sometimes, a conviction or plea deal is a kind of victory for a criminal defendant, because it is less than what the prosecution sought.

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