Man sent to prison for stabbing his nephew

He claims self defense.
Cary Ashby
Jul 3, 2013

 

A Norwalk man was sentenced to prison Tuesday for stabbing his nephew in the stomach.

In mid-May, John W. Stewart, 44, of 40A Cline St., pleaded guilty to an amended charge of aggravated assault, a fourth-degree felony. A Huron County grand jury originally indicted him on felonious assault, a second-degree felony.

The Norwalk Police Department investigated the Feb. 28 incident.

Defense attorney Tom Freeman said at Tuesday’s sentencing hearing that Stewart retreated to his house, where he grabbed a knife to keep his nephew from continuing to hit him in the head with a hammer.

“We agree the defendant (originally) came out of the house with a hammer. … He anticipated trouble with his nephew,” Freeman said.

“This was an argument that turned in a deadly way — for both parties,” Stewart said.

When his nephew showed up at his house, Stewart said he was in “defense mode,” especially since his nephew and a friend jumped him and broke a couple of his ribs a few years ago.

Stewart said he started bleeding from his head after being hit with the hammer.

“I panicked. … I’m not going to stab somebody in front of my children for no reason,” the defendant said.

Huron County Assistant Prosecutor Richard Woodruff said the situation about a custody dispute had been “stewing all day” when people were texting each other and it eventually “boiled over” to the confrontation.

“We think the victim took the hammer away (from Stewart). … The defendant was acting in self-defense,” he said.

The victim wasn’t in the courtroom Tuesday.

“The defendant has a lengthy criminal history dating all the way back to 1989,” Woodruff told Huron County Common Pleas Judge Jim Conway. “(There were) mostly misdemeanors. There were some felonies also.”

Stewart was sentenced to 17 months in prison — one month short of the maximum term. Credited with serving 76 days in the Huron County Jail, he must pay $6,392 in restitution for his nephew’s various hospital bills.

Comments

truckin

I don't know all the facts or how individuals turn out as adults, but i know these Stewart boy's. The adult ones (40s). They never were the kind to start trouble or look for it. Yes, at times it came their way and yes at times they would over-react. Yet we all have little punk nephews/ cousins etc. and with this society of entitlement. Odds are, i would have been prepared to defend self also after reading the turmoil history. Yet i do not believe the nephew would have had the chance to get the hammer from me and i do not believe i would have retreated to the house except to possibly to get a bigger hammer. Knife??? don't think so. Just the same, don't go looking for trouble, but sometimes you just have to take care of it. I am sure many nanny society people will say call the law. The law most times, merely can only take a report after the fact.

deertracker

I agree with most of what you say but I reject the blaming of entitlements for one's personal/criminal behavior. There are lots that receive some type of help and break no laws.

truckin

Naa, just meaning to me is the new generation? call me getting old, the hand out, but refuse to put a hand on a broom or shovel entitlement society.. The poor poor me, i only have last week's model of the smart phone, yet need free school lunches crowd. and my favorite, i don't have the money to afford some gym membership to get in shape, while smoking cigs.. you know ? the you owe me crowd. Shall i go on? sure there may still be some who recieve asst. in the shadows, keeping it on the low due to wishing they could change the situation some. but so MANY who brag and flaunt it, that makes the "crowd" look bad

Sitting In The ...

Please stop stereotyping an entire generation of people because of the actions of a few. It's extremely narrow-minded and stinks of ignorance. That's like me saying "Trucker's intelligence represents his entire generation" which I seriously hope isn't the case. Stop letting Fox News do all of your thinking.....but hey Git-R-Done !!!!

earlduck

trucker if you were trying to make no sense,you got-r-done

truckin

read again.. made perfect sense. unless of course you couldn't understand the entitlement society part. Which if you are a part of, you would not really comprehend any other way of life, therefore not know of any other way of life. Put in elementary terms. Take care of self. Not rely on the government to confiscate others income, in which to give you money for food, cigs, drugs, tattoo's..

Sitting In The ...

Of course it made perfect sense to you genius YOU WROTE IT !!!!! Thanks for dropping your infinite wisdom Mr. O'Reilly.

art dew...

That comment made perfect sense to me !!!!!!!!

Sitting In The ...

Congratulations you agree with a person who can't figure out it's
not "you are" its "you're". I'm just happy Dumb and Dumber actually agree on something.

art dew...

Ok professor, please explain which one I am. Is it dumb or dumber? It's quite obvious YOU'RE dumbest. Who or what do you think you are? You're completely ignorant in my opinion. What gives you the right to sit and talk to and about people the way you do? Is it because of your insecurities or could it be YOU'RE one of the idiots that you try and make us look like with your educated opinions. It's obvious you have never had to deal with any sort of issues like this. Just stay up on your pedestal and STFU DOUCHE

Sitting In The ...

It's okay Gilligan Ill explain it again I dislike people who stereotype an entire generation because of the actions of a few. Does that make sense to you ?
When you say things like this "That you try and make us look like with your educated opinions." you clearly don't need my help looking like an idiot, your sweeping generalizations do that well enough.

truthbetold77

Pork!! you got to calm those nerves down man your getting too old to be fighting people all the time. Ive always liked ole pork though.. hes not a bad guy if someone doesn't pi** him off.

Sitting In The ...

What are you babbling on about ? shouldn't you be worrying about Dave?