Simple assault ? - Mercedes-Benz Forum

 
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post #1 of 2 (permalink) Old 06-03-2008, 01:01 PM Thread Starter
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Simple assault ?

How can this be anything but felony assault ?

Police: Suspect assaults woman then throws her in puddle — twice
PORTSMOUTH — After holding a woman by the strap of her handbag while she hung from the open door of a moving car, Vincent Yosua stopped, assaulted her, then twice threw her into a puddle, according to police prosecutor Corey MacDonald.

As a result of those allegations, Yosua, 52, of 30 Spinney Road and the Residence Inn at Pease Tradeport, was arrested and charged with three class A misdemeanor counts of simple assault and a felony charge of reckless conduct.

Arraigned from the Rockingham County House of Corrections by video Monday morning, Yosua listened as MacDonald told the court that at midnight on May 31, Yosua refused to let the victim out of the car, struck her in the face and twice pushed her into a mud-filled puddle. MacDonald petitioned the court for $10,000 cash bail, citing Yosua’s criminal history as including convictions for burglary, theft and being a fugitive from justice.

“He was on bail from Massachusetts while he committed this kind of offense,” said the prosecutor.

Yosua then uttered the audible expletive "a**hole", bringing other defendants in the courtroom to laughter and prompting one to say aloud, “That’ll help his case.”

“I’ve lived here all my life, I graduated from Portsmouth High School and I have never defaulted on court appearances,” Yosua told the court, while asking for personal recognizance bail so he can attend his daughter’s high school graduation.

He said until he stopped working six months ago, he worked construction for 22 years and that due to a fire at his longtime Spinney Road residence, has been living with his wife and daughter at the Pease hotel.

The alleged victim, he said, is a woman with medical problems he has been trying to help.

“She struck me,” he said. “There are two sides to every story.”

Judge Sawako Gardner set bail at $5,000 personal recognizance and $10,000 cash or surety and ordered Yosua to have no contact with the victim and return to the court for a June 9 probable cause hearing.
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post #2 of 2 (permalink) Old 06-03-2008, 01:13 PM
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The judge isSawako, no doubt.

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