The Columbus Dispatch

Perry County jury finds defendant guilty of assault, not racism

- Céilí Doyle

NEW LEXINGTON – Sometimes justice rings hollow.

Other times it feels like a polarizing witch hunt.

For some it’s simply the best you could hope for, given the circumstan­ces.

After a two-day trial, a jury in Perry County found Joseph Mccabe, a white man accused of fighting his Black neighbor, Leon Davis, guilty of assault.

Davis, who testified that the attack was racist, was furious that the jury disputed the additional misdemeano­r charges leveled against Mccabe: one count each of aggravated menacing and ethnic intimidati­on, Ohio’s sole hate crime statute.

A 65-year-old who has lived in New Lexington for the past 13 years, Davis shared his recollecti­ons with The Dispatch this year of the attack he suffered at the hands of Mccabe and two other neighbors, Carl Finck and Charles Williams.

Outside the Perry County Municipal Courthouse on Tuesday afternoon, Davis spat out his anger in between drags of a cigarette while tears slipped through the corners of his wife Ronda’s eyes.

“It wasn’t worth it to bring it to this point,” he said, shaking his head.

Inside, Mccabe ripped off his mask in disgust after walking out of the courtroom.

“I felt it was unjust for the village of New Lexington to play a racist game when it was a neighborho­od dispute,” the 55-year-old said.

Adam Barclay, the assistant village solicitor tasked with proving Mccabe’s guilt was pleased with the verdict, though he wished the jury would have found Mccabe guilty on all three charges.

“As a white male prosecutor, it’s impossible to put myself in Mr. Davis’ shoes,” he acknowledg­ed. “Ethnic intimidati­on is a difficult charge to prove — assault was the most clear-cut charge with the most evidence.”

Throughout the trial, witnesses for the defense testified that while Mccabe repeatedly swung at Davis on the morning on July 5, 2020, he was too drunk to land a punch and the other accused assailants, Finck and Williams (whose separate cases are pending) had nothing to do with the fight.

Mccabe’s attorney, Benjamin E. Fickel, made the case that Davis and his wife beat up Mccabe with a brick and an ice scraper, respective­ly, until Williams came down to break them up. The Davises disagreed.

Each of them choked up on the stand while recalling the fear they experience­d

after Mccabe started a series of racial slurs and charged toward the couple, who were returning from a late morning breakfast and Kroger run.

While Davis admitted to grabbing a brick from his flower garden to defend himself, he said he never struck Mccabe with it, nor did his wife attack Mccabe with an ice scraper.

New Lexington Police Department Officer David Crate testified that there was no blood, dirt, dent or visible use found on the brick and ice scraper when he responded to the scene last year.

But when Brenda Gay Johnson, mother-in-law to Finck and Williams, took the stand she told the jury this was not a case of racism, but rather, a neighborho­od scuffle gone wrong.

“Joe was pretty well-sauced,” she said, “but I watched [Leon Davis] beat him in the head with a brick and I told my son-in-law, Charlie Williams, that Davis was going to kill Joey.”

Johnson said she implored Williams to intervene, and he testified that he broke up the fight by applying a pressure point on Davis.

During the closing arguments, Barclay appealed to the jury, acknowledg­ing that many in New Lexington are weary from talk of racism.

“It’s hard to recognize that racism may exist in Perry County,” he said. “As much as we love our small town, [the ethnic intimidati­on] charge is uncomforta­ble because it forces to consider we’re not immune to the ugliness found in other places.”

But ultimately, after a 45-minute deliberati­on, the jury did not find Barclay’s reasoning compelling enough to convict Mccabe on charges of ethnic intimidati­on or aggravated menacing.

Mccabe is facing up to six months in jail in addition to a potential fine up to $1,000 as result of the assault charges.

The other two men pleaded guilty to assault in an agreement where the village dropped charges of aggravated menacing and ethnic intimidati­on in the spring.

But Davis was not present in the courtroom for those hearings.

And the miscommuni­cation between the Perry County Village Solicitor’s Office and the Ohio Crime Victim Justice Center (OCVJC), the nonprofit agency representi­ng Davis, led the justice center to file an appeal to re-open Finck and Williams’ guilty pleas on the basis that Davis’ constituti­onal right to be present for both men’s hearings under Marsy’s Law.

Those legal protection­s, which were approved by Ohio voters in November 2017, gives victims the right to not only be present during court, but “provide input to a prosecutor before a deal is struck,” The Dispatch has reported.

The visiting judge who presided over Mccabe’s trial, visiting Judge Jerry Catanzaro, is expected to rule on the OCVJC’S motion to re-open Finck and Williams cases.

Meanwhile, Mccabe’s sentencing will take place at 11 a.m. on Monday at the Perry County Municipal Courthouse.

Céilí Doyle is a Report for America corps member and covers rural issues in Ohio for The Dispatch. Your donation to match our RFA grant helps keep her writing stories like this one. Please consider making a tax-deductible donation at https://bit.ly/3fnsgaz. cdoyle@dispatch.com @cadoyle_18

 ?? DORAL CHENOWETH/COLUMBUS DISPATCH ?? Leon Davis, right, smokes a cigarette as Joseph Mccabe, the man accused of assaulting him, walks into the Perry County Courthours­e on Monday. The men are neighbors in New Lexington. Davis said that on July 5, 2020, Mccabe and other men launched a racist attack on him.
DORAL CHENOWETH/COLUMBUS DISPATCH Leon Davis, right, smokes a cigarette as Joseph Mccabe, the man accused of assaulting him, walks into the Perry County Courthours­e on Monday. The men are neighbors in New Lexington. Davis said that on July 5, 2020, Mccabe and other men launched a racist attack on him.

Newspapers in English

Newspapers from United States