Assault defendant acquitted in 'fisticuffs'

Jury says no to felony charge against local man.
Cary Ashby
Jun 28, 2013

 

A jury deliberated for about 90 minutes Thursday before acquitting a New London man of punching a convicted sex offender in the jaw.

Nicholas A. Kidd, 25, of 1546 S. U.S. 250, was charged with felonious assault in connection with a Sept. 24 incident. The defendant testified Wednesday he punched the 28-year-old man in the face, but only after he told his accuser, who was in his "personal space" without provocation, to get away from him. Kidd also said his accuser made him feel like he couldn't walk away from the confrontation.

Huron County Public Defender David Longo said this was only the second case in his 25 years of practicing law in which one of his clients "turned down the misdemeanor," went to trial on a felony and won the case. If Kidd had been convicted of felonious assault, he faced two to eight years in prison.

"He took a big chance," Longo said.

Kidd turned down a plea deal from the state which would have meant he served 100 days in the Huron County Jail on the work release program. Longo said the sentence would have cost Kidd, a single father, his job since it requires him to travel and sometimes stay overnight.

The New London incident sent Kidd's accuser to Fisher-Titus Medical Center with a fractured jaw. The man was using a riding lawnmower to cut his uncle's yard when Kidd walked by the residence. The defendant said his accuser "got nose to nose in my face."

"I felt like I couldn't get away," Kidd said.

"He'd already came at me. He'd already hit me," he said about being head-butted.

"It didn't do any damage, but it stunned him," Kidd's attorney told the jury.

Kidd could make out where the other man was standing and "aimed for the cheap seats," Longo said.

"This is a one-punch case. ... Unfortunately, it cracked his jaw," Longo said.

"This is the case of the bully with the glass jaw. ... He started a fight he couldn't finish," he said.

Huron County Prosecutor Russell Leffler, when asked about the verdict, said he's "very disappointed."

"It was fisticuffs and that makes it tough," he said.

Kidd was accused of calling the other man "a pedophile" before the assault -- an allegation which Kidd denied.

Longo, in his closing argument Thursday, said it doesn't make sense for Kidd, someone with no history of violence, to start a fight. However, the public defender said it's more logical for an ex-convict to be the aggressor after something set him off -- which could have been something as simple as the way Kidd looked at him.

Longo also encouraged the jurors not to forget that Kidd's accuser lied about Kidd kicking him after he hit the ground. Testimony indicated that allegation wasn't in the report by New London Police Sgt. Joe Hicks.

Leffler said it's possible the man tried to make the situation sound better than it was and his manhood was "offended" since he was knocked out by one punch from Kidd.

Comments

tipper

Mr Kidd Im very proud of you, going to court and taking a chance and YOU WON glad for the outcome, FINALLY JUSTICE FOR THE VICTIM and not the stupid criminal, HOOOOOOOOOAH

Wow1

Everyone called him an idiot for going to trial and he ended up winning. Yep, he sure is an idiot lol

UJagoff

Well I'm glad he won if he was not the aggressor and I hope we do t see him in the paper next month! There are a lot of a holes that want to get in your face and push you into a corner!
I don't think the kid would had tempted fait and turned down the plea if he was the aggressor!
Kudos!

gene44870

I have to admit that this really is shocking ,cause most dont get off when they admit the crime that they are charged with .I am not to sure I should be happy about it , or mad at the outcome .
The only thing that I can hope for is he will avoid this situtation that braught this charge and hope he can live a law bidding life from here on out .

ferball14

I fought a speeding ticket in court that a state trooper gave me. No lawyer, just me representing myself. Prosecuter offered me a deal the morning of my court date and I turned it down. I ended up winning my case. When you know you are right you have to stand up for yourself, if not you will end up falling for anything.

KURTje

Great for you Nick! Plus a convicted sex offender has a messed up jaw. Nice! Leffler said he's "very disappointed." So?

truckin

Leffler "very disappointed".. why wouldn't he be disappointed. Whether the kid would have plead to lesser charge or felony. Leffler would have gotten a conviction star. this goes to show this area really alot of times don't have true blue evidence, just trumped up charges. They just want as many bust/convictions as they can get to keep asking for more tax revenue from the state and fed. PERIOD.

44846GWP

Leffler should never had pressed charges. The system still works once in a while!!

Gone Fishing

I give the kid props it definitely took a pair to take the case to trail when he could have had it droped to a misd. But either way he came out on top and a pedaphile has a broken jaw good day in my book!

stooopette33

I like it

Yall Make Me Sick

He fought the law & HE WON!!

betrump

I only know what I read here in the paper. Based on that, I'm sure glad he was acquitted.