Posted on 10/14/2004 8:37:22 AM PDT by flutters
DELAWARE, Ohio The man accused of attacking a U.S. soldier at a concert last month was indicted yesterday on a charge of felonious assault in Delaware County Common Pleas Court.
A grand jury found that Brent N. Cornwell, 28, of Blacklick, "did knowingly cause serious physical harm" to Army Pfc. Foster Barton on Sept. 17, according to the indictment.
Last week, Delaware Municipal Court Judge David Sunderman dismissed an assault charge after Cornwells arrest Sept. 28 so it could be refiled in Common Pleas Court, where felony cases are heard. The case will now be heard by Judge W. Duncan Whitney. An arraignment date has not yet been set.
Barton, 19, of Grove City, was knocked unconscious while walking to his car after a Toby Keith concert at Germain Amphitheater. He suffered a broken nose and is recovering from surgery to repair crushed cartilage.
The attack happened while Barton, a member of the Armys 1 st Calvary Division, was home on a two-week leave from Iraq. He was recovering from a leg wound caused by a bomb.
Barton has said he was attacked in the parking lot after the concert. He wore an Operation Iraqi Freedom Tshirt, and said he heard his attacker say something derogatory about soldiers before he was struck.
Cornwells attorney, William Meeks of Columbus, did not return a phone message left yesterday at his office.
If convicted of the crime, Cornwells punishment ranges from two to eight years in prison, said Delaware County Prosecutor Dave Yost.
"Felonious assault is the right charge when you have serious physical harm," Yost said. "In this case, the victim had to undergo surgery to repair his broken nose. He lost consciousness and suffered a concussion."
Yost is handling the case personally. In recent meetings, the soldier told Yost that his "No. 1 desire is to get back to Iraq," where his unit remains stationed.
Barton needs his doctors approval before he can return, Yost said.
I have heard from folks familiar with the family that they are upper, middle-class. Might be they were able to raise the money he charges.
Bear in mind, a top attorney in Columbus ain't going to cost what the OJ Dream Team would charge. We're still a small market out here.
Well, I guess we have to be nice now and then.
Vladimir Lenin?
What a low life scum. He should be tried for treason. It is obvious he is on the same side as the terrorists.
If I remember right I think he sucker punched him.
You used to hear folk lore about The Judge giving you the choice of jail or enlisting. I'd love to be The Judge and say to him at sentencing, "You are sentenced to eight years, but any part of that where you are active duty Army is suspended." This cretin probably has a record or diseases that disqualify him for service.
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