Have a trial scheduled for Monday in Newton. My client is in jail and I was looking forward to trying it. The charges are assault on a police officer and interference with a police officer causing injury. Two of the arresting officers had a scratch. Our Newton police will file whatever they can. This is a long way from the police officers who were working in Newton when I first came to town. I actually think they thought an occasional scratch was part of the job. They certainly were capable of taking care of themselves. At any rate, my client engaged in fisticuffs at the jail with another inmate and received the worst of it. He apparently suffered injuries other than the black eye that was obvious. He felt, as I did, that going into a trial such as we had scheduled all banged up from a fight was not the best idea. After consultation, he decided he would take the deal offered by the county attorney and plead to reduced charges.
I then left the jail and informed the clerk of court they would not have to call a jury and stopped by the county attorney's office and informed the assistant county attorney that the defendant would take the plea offer which the assistant county attorney thought was an acceptable resolution to the case. I would have liked to try the case. I am not sure that a jury would have thought the defendant intentionally assaulting a police officer by kicking him while his head is being "directed" as the officers put, to the hood of the police car. There are times when, as a defense attorney, it seems appropriate to show the citizens of a community just how their finest act.