Hillsboro man sentenced to community control in aggravated assault case
A Hillsboro man has been sentenced to community control after pleading guilty to a bill of information charging him with aggravated assault.
Terry W. Barnes, 58, of Hillsboro was previously indicted in September on one count each of felonious assault, a second-degree felony, and tampering with evidence, a third-degree felony.
According to court records, prosecutors filed a bill of information in Highland County Common Pleas Court on Nov. 16, instead charging Barnes with aggravated assault, a fourth-degree felony.
The bill of information alleged that on or about Aug. 4, Barnes “did while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by [the victim], that was reasonably sufficient to incite [Barnes] into using deadly force, did knowingly cause or attempt to cause physical harm to [a victim] by means of a deadly weapon or dangerous ordnance.” The weapon used was a knife, the bill of information alleged.
Barnes pleaded guilty to the charge Nov. 16.
During a sentencing hearing held Jan. 4, Highland County Assistant Prosecutor Adam King asked Highland County Common Pleas Court Judge Rocky Coss to “impose a term of incarceration” for Barnes.
“This is a case where the defendant and the victim have different versions of what exactly transpired on the date of this incident and who did what,” King said. “One thing that is not disputed is that the defendant stabbed the victim in the abdomen with a flip-style, brass knuckle knife.”
The incident caused the victim suffer a “severe laceration” to the abdomen, King said, “to the point that the victim’s intestines were on the verge of coming out of the laceration.” The victim had to be CareFlighted, King told the judge.
“Due to the serious nature of the injuries in this case, the state does feel that a term of incarceration is appropriate,” King said.
The victim also addressed the judge and said that the victim is still suffering from the effects of the assault.
“This man, in a matter of a few minutes, ruined my life,” the victim said. “I hope you give him every day that you can, Your Honor.”
Barnes’ defense attorney Denny Kirk asked the judge to grant community control, stating that Barnes has advised that he was also hospitalized due to injuries sustained during the incident, allegedly caused by the victim.
“My client obviously shouldn’t have taken the knife, shouldn’t have went out there, but he didn’t go looking there looking for that,” Kirk said. “He advised he pulled the knife in self defense.”
Kirk added that Barnes has been cooperative and has no prior felony record.
Coss said he would consider Barnes’ lack of prior felony record, along with the conflicting witness reports regarding the incident and the allegations made surrounding the assault, in determining to impose community control.
Barnes was ordered by Coss to serve three years of community control and to have no contact with the victim.
“I can understand the plea to aggravated assault as a reasonable compromise,” Coss said. “I have to say that it’s very rare that I don’t impose a prison term for somebody convicted of this type of offense.”