Charges reduced for men suspected in beating case
CHICORA — The most serious charges have been withdrawn against two Butler County men suspected of assaulting another man last month in Clay Township.
State police initially charged the defendants — Robert M. Codispot Jr., 29, of Clay Township and Joshua A. Fajohn, 28, of West Liberty — with using brass knuckles in the alleged beating.
They were arrested and arraigned on felony and misdemeanor counts of assault and other charges in the April 13 altercation at Codispot's home that left Justin M. Angerett, 26, of Slippery Rock hospitalized with a reported broken jaw.
But in wake of the investigation and after Angerett was a no-show at Tuesday's preliminary hearings for Codispot and Fajohn in Chicora, prosecutors said they decided to withdraw felony charges of aggravated assault.
Also withdrawn were charges of possessing an instrument of crime and possessing a prohibited offensive weapon, both first-degree misdemeanors.
Russ Karl, a Butler County assistant district attorney, said the decision was made because Angerett didn't appear at the hearings and because police were “unable to find evidence of a weapon used” in the incident.
“I found no evidence to support the charges (that were withdrawn),” he said.
Codispot and Fajohn on Tuesday waived to court lesser charges of simple assault and harassment.
Attorney Michael Zunder, who represented both defendants at the proceedings, declined to comment afterward.
Police said they got the call about the alleged assault from Butler Memorial Hospital, where Angerett went for treatment shortly before 7 a.m. April 13.
Earlier that day troopers had arrested Angerett for suspicion of drugged driving, after he was pulled over about 3 a.m. in a pickup truck on South Main Street in Slippery Rock.
A subsequent search of the truck turned up a plastic baggie containing assorted pills and other contraband, and a metal container with suspected cocaine.
Angerett was taken to Butler Memorial Hospital for a blood draw. Toxicology reports would eventually show he had prescription drugs, marijuana and cocaine in his system, documents said.
He told police that following the blood draw, Fajohn arrived at the hospital to pick up him and Codispot, who had been a passenger in Angerett's car. Fajohn drove them all back to Codispot's house on Muddy Creek Drive.Once there, Angerett said he was punched in the face, purportedly with brass knuckles, according to a police affidavit. He reportedly did not see who punched him.Angerett fell to the ground, documents said, and “Fajohn proceeded to kick him about his body.”Police obtained arrest warrants for Codispot and Fajohn and about 12:30 p.m. April 13 went to Codispot's home looking for them.The defendants were not there when police first arrived but returned about 1 p.m. in a sport utility vehicle that Codispot was driving. Police suspected he was impaired.Codispot denied he was drinking. He also asked to speak to his attorney, documents said, and he refused to submit to a blood test.Police arrested Codispot and Fajohn in connection with the alleged assault. They were placed in the Butler County Prison and later released on $30,000 bail each.On April 29, police charged both Codispot and Angerett with misdemeanor drug possession stemming from the April 13 traffic stop. Angerett also is charged with driving under the influence of drugs.They face preliminary hearings July 18.On May 23, police charged Codispot with driving under the influence of a controlled substance stemming from the later incident April 13 at his home. His hearing in that case is July 10.
