Gibson convicted of misdemeanor assault

Following more than six hours of deliberations, a jury in Highland County Common Pleas Court convicted Wesley Gibson of misdemeanor assault Tuesday, July 24.

Gibson was indicted in May on felonious assault, a felony of the second degree, following a fight outside Christopher's Lounge on West Main Street in Hillsboro.

The defendant had testified that he feared for his life after he was attacked outside the bar, and he then beat the victim until he was unconscious.

The victim sustained facial fractures that had to be repaired surgically, including a broken orbital bone and a broken nose.

Jurors deliberated for approximately two and a half hours Monday evening, and resumed deliberations Tuesday morning.

Following the verdict on Tuesday, Highland County Common Pleas Court Judge Rocky Coss proceeded to sentencing. Noting Gibson's previous convictions, which included a charge of aggravated assault, Coss sentenced him to the maximum of six months in jail.

Gibson, 29, was indicted in May on one count of felonious assault, a felony of the second degree. He was arrested in the early morning hours of March 31.

Multiple officers from the Hillsboro Police Department and the Highland County Sheriff's Office responded to the scene. 

A sergeant with the Highland County Sheriff's Office appeared in uniform Monday when he testified for the defense, saying that he had a "father-and-son relationship" with the defendant.

While he said that he was not investigating the case, he said he had spoken to one of the witnesses the day after the fight, who told him that the alleged victim, and not Gibson, had been the aggressor in the fight.

The victim in the case sustained facial fractures, including a broken nose and orbital bone. He had surgery to repair the injuries, during which a titanium mesh was implanted to support the bone structure.

Defense attorney Todd Long alleged that the victim was trying to impress friends who were in a motorcycle group called The Sons of Mayhem, which prompted him to attack Gibson.
 
During Monday's jury trial, the state, represented by Highland County Prosecutor Anneka Collins, presented six witnesses, including the victim and Officer Todd Whited of the Hillsboro Police Department. Three witnesses to the altercation also testified: Jake Christ, Cindy Truesdale and Tim Cowguill, as well as Dr. Ken Christman, the plastic surgeon who operated on the victim at Miami Valley Hospital. 

In addition to Gibson, the defense presented six witnesses, including Sgt. Steve Alexander of the HCSO, Gibson's friend Marcus Zimmerman, Gibson's then-girlfriend Amber Temple, Sons of Mayhem founder and president Jim Cooper, and Arbie Bowen and Mike Wilson, who were at the bar when the events occurred. 

Truesdale testified that, prior to the fight, she had offered to drive the victim home. They exited the bar and got into her truck that was parked on West Main Street. She said they then witnessed an altercation between a group of people on the sidewalk, and the victim exited the vehicle to assist, and he eventually ended up "wrestling on the ground" with Gibson.

The fight was broken up, and the victim walked in the direction of North West Street, toward his home. Truesdale said that she followed the victim to tell him she would take him home.

As they were walking back to her vehicle, she said that Gibson attacked him, and the two fought in a narrow alcove area inset into one of the West Main Street buildings. Truesdale tried to stop the fight, but she testified that Marcus Zimmerman blocked her from entering the alcove. She said that Gibson was on top of the victim, hitting him, and that she pulled Gibson's shirt off as she tried to stop him. 

On cross-examination, Long questioned the victim regarding an April 9 doctor visit to Highland District Hospital. Long said that according to a hospital report, the victim told the physician that he couldn't see. In response to nearly all of Long's questions regarding that hospital visit, the victim said that he either did not remember or did not know the answer to the question, including whether or not he was examined or if he was able to walk into the hospital.

Prior to Gibson taking the stand, the court held arguments over whether or not the jury instructions would include a paragraph regarding self-defense. Long said the evidence showed Gibson's state of mind was that he was fearful for his life and safety.

When he took the stand, Gibson said that he had a prior conviction for aggravated assault and having a concealed weapon. 

Gibson testified that as he exited the bar, he witnessed an altercation and stepped in, but that Jake Christ struck him in the back of the head with a weapon that looked like a police baton, which caused a laceration and made him bleed. As he and Christ were arguing, Gibson said that the victim jumped on his back. 

Gibson said that he hit the victim four or five times and stopped "when he kind of went limp ... I didn't know who was going to hit me next. It was self-preservation, basically."

He testified that he then "ran" to his car, with Zimmerman. Amber Temple, he said, drove them away, but they were pulled over by police.

On cross-examination, Collins asked Gibson, "If you were so scared, wouldn't it make sense for you to get in the car and leave?"

"With a guy on my back, I'm going to get in my car and leave?" Gibson asked.

Collins questioned Gibson on his previous aggravated assault conviction, which involved "serious physical harm."

As he started to answer, Gibson yawned. Collins interrupted, asking, "Am I boring you?"

Gibson started to answer that he had not slept well, but Collins said she had nothing further to ask.

Sgt. Steve Alexander said that the night after the incident, he ran into Christ at a gas station on West Main Street, and they had a conversation regarding the fight. Alexander testified that Christ told him the victim had attacked Gibson first. 

On cross-examination, Collins asked Alexander who requested him to to investigate the incident. Alexander said that he was not investigating. 

Collins asked if Alexander was being paid to testify, and he said that he was there on his "own time." 

Alexander said that he had known Gibson for years, and Gibson had lived with him at one point but moved out when "he went back to jail" and they had a "father-and-son relationship."