Assault defendant to pay $15,000 in medical bills

Cary Ashby • Apr 17, 2013 at 12:09 PM

A man received six months in jail Monday for assaulting the father of his girlfriend's son during a visitation dispute. The incident caused permanent blindness in one eye for the New London victim.

Timothy Waters, 24, of Amherst, pleaded guilty Feb. 11 to one amended charge each of aggravated trespassing and assault, both first-degree misdemeanors. In mid-December 2011, a Huron County grand jury secretly indicted him on one felony charge each of aggravated burglary and felonious assault.

"We know this is a difficult matter," said Huron County Prosecutor Russell Leffler, who mentioned the case involved "custody issues" and some "anger going on."

"The incident got out of hand, but the injury was severe," said the prosecutor, who requested Waters spend 10 months in jail.

The New London Police Department investigated the Oct. 30, 2011 incident. The girlfriend brought Waters to the victim's apartment to retrieve their child when the assault happened.

"(My son) has had countless tests and exams regarding this eye," the victim's mother earlier told the Reflector.

"My son is partially blind in his right eye. This is permanent. It's his optic nerve. He was beaten unconscious," she said.

Defense attorney Jack Bradley said Waters and the child's mother now know they should have called the police or Huron County Sheriff's Office instead of handling the situation themselves.

"I think Tim is a good candidate for community control," said Bradley, who credited his client with being forthright with police.

The mother was in Huron County Common Pleas Court for Monday's hearing, but didn't address the court.

Judge Jim Conway ordered Waters to pay up to $15,000 in out-of-pocket medical bills and fined him $1,000. If he violates the terms of his three years of probation, which includes a no-association order with the victim, Waters faces six months in jail.

Conway ruled Waters will be on the work release program to serve six months in jail so he could be employed and make restitution. Waters could have faced as much as one year behind bars.

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