Jury acquits Bella Vista man of battery in jailhouse scuffle

BENTONVILLE — A jury took about two hours Thursday to acquit a Bella Vista man of battery charges involving two deputies in the Benton County jail.

Gage Pellegrino, 32, was charged with aggravated assault upon a certified law enforcement officer or an employee at a correctional facility. He was also charged as a habitual offender.

He faced up to 30 years in prison if he had been convicted.

The case stems from a Sept. 13 incident while Pellegrino was in the booking area of the jail, according to a probable cause affidavit.

Deputy Kyle Bridenstine saw Pellegrino sitting at 6:35 a.m. Sept. 13 with his hands in his pockets. Bridenstine said he ordered Pellegrino to take his hands out of his pockets because it was against the rules in the jail, according to the affidavit.

Pellegrino refused to follow the order and responded by cursing at Bridenstine, the affidavit states.

Bridenstine decided to place Pellegrino in a cell, so he ordered him to get up and place his hands behind his back. Pellegrino started walking with Bridenstine and some other deputies, but refused to place his hands behind his back, according to the affidavit.

Bridenstine said in the affidavit he grabbed Pellegrino’s left arm to place it behind his back and Pellegrino resisted and jerked away from him.

Bridenstine and Casey Ward, another deputy, put Pellegrino on the floor, and he attempted to roll away, the affidavit states.

Pellegrino was accused of biting deputy Richard Simmer-mom’s hand in the altercation, according to the affidavit.

Bridenstine said he injured his left knee in the incident, straining his knee and damaging his meniscus, according to the affidavit. Bridenstine said his left knee buckled when they were taking Pellegrino to the floor.

Matt Reid, one of Pellegrino’s attorneys, said his client cried after Benton County Circuit Judge Brad Karren read the verdict.

“This was an unfortunate accident in the jail that didn’t rise to the level of criminal conduct, and the jury agreed and came to a just result,” Reid said.