New Hanover man convicted of assault
A jury has convicted a New Hanover man of assaulting and injuring another man during an altercation.
NORRISTOWN » A jury has convicted a New Hanover man of assaulting and injuring another man during an altercation outside the victim’s Bridgeport residence.
William A. Heuer III, 34, of the 2500 block of Deep Creek Road, was convicted in Montgomery County Court of a misdemeanor charge of simple assault in connection with the 8 p.m. March 7, 2017, altercation in the 300 block of Grove Street in Bridgeport. The jury deliberated about eight hours after hearing testimony during a two-day trial.
With its verdict, the jury found that Heuer “attempted to cause or caused bodily injury” to the victim, who suffered a fractured tibia and knee injuries during the assault.
The jury acquitted Heuer of a more serious felony charge of aggravated assault, which required a finding that “serious bodily injury” occurred.
The jury was unable to reach a decision on a charge of recklessly endangering another person.
After the jury’s verdict was announced, Judge William R. Carpenter, who presided over the trial, convicted Heuer of lesser summary offenses of disorderly conduct engaging in fighting and harassment.
The judge deferred sentencing Heuer until later this year, pending the completion of a background investigative report. Heuer will remain free on bail pending sentencing.
Heuer faces a possible maximum sentence of one to two years in prison on the simple assault conviction. However, state sentencing guidelines could allow for a lesser sentence.
During the trial, the victim testified Heuer, the former boyfriend of the victim’s daughter, stormed into his Grove Street home uninvited, complaining about the victim’s daughter. The victim testified he ordered Heuer to get out of his home and that the argument carried over outside.
The victim testified Heuer “was screaming and acting like a madman” and grabbed him, pulled him down the outside steps of the home and dragged him into the street where he picked him up and slammed him down onto the ground, putting all of his weight on him, crushing his knee.
“It was excruciating,” the victim told the jury, adding he underwent several surgeries, weeks of rehabilitation and therapy and now walks with a cane.
The victim testified an angry Heuer continued to berate him and act aggressively toward him as he lay injured on the ground.
But Heuer, who was a defensive linebacker when he played football in college, testified he and the victim were scuffling and that he eventually “tackled” the victim during the scuffle.
“I’m a football player. I tackled him the only way I knew how to tackle him. I didn’t want to hurt him. I didn’t come down to Bridgeport to fight,” Heuer testified, claiming he immediately backed away when the victim complained that his leg was injured. “I tackled him, that’s all I can say.”
Defense lawyer John McMahon Jr. argued it was “an unfortunate incident” during a “very emotional situation.”
“His purpose, his intent was not to hurt (the victim). What this case comes down to is basically a tackle that had a fluke result,” said McMahon, arguing the injury “was not a natural and expected outcome of Mr. Heuer’s conduct.” “It was a tackle.”
McMahon also suggested Heuer acted in selfdefense and tried to get the victim into a position where he couldn’t hurt him during the scuffle.
But Assistant District Attorney Douglas Lavenberg argued Heuer intended to cause injury to the man.
“This is not a fluke injury. These are the actions of someone acting deliberately. This isn’t mutual combat,” Lavenberg argued.
Lavenberg also showed the jury a social media post Heuer made about 30 minutes after the incident in which Heuer stated, “I picked him up and body slammed him and dislocated his knee.”
When police arrived at the scene they found the victim sitting on a curb unable to walk and in extreme pain. The victim was transported by ambulance to a local hospital for treatment, according to the criminal complaint filed by Bridgeport Police Officer Steven Bailey.