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3 await trial in Marion assault case

Victim's jaw was broken

CHICORA — The case against three men accused of beating a Marion Township man, whose injuries included a broken jaw, will go to trial.

District Judge Lewis Stoughton on Tuesday ruled there was sufficient evidence for Donald B. Deal, 31, of Washington Township, Jeremy A. Deal, 29, of Venango Township and Jon A. Miller, 37, also of Washington Township, to be tried on charges of aggravated assault, criminal trespass, harassment and disorderly conduct.

The men allegedly attacked William C. Edwards at his West Sunbury Road home on Aug. 3.

During the preliminary hearing, Edwards testified he suffered a broken jaw and bruised ribs.

“I couldn’t close my mouth,” he said. “I knew my jaw was broken.”

Edwards said he also realized his ribs were injured because he had trouble talking and breathing.

Edwards identified Miller as the man who first attacked him with the other two men joining the fight seconds later.

“I never saw the other two coming,” Edwards said.

Attorney Joseph Charlton of the Sarver firm Charlton & Charlton unsuccessfully argued his client Donald Deal should not be charged with aggravated assault because the circumstances didn’t qualify under the law.

Charlton said aggravated assault equates to attempted murder.

“I don’t think there’s enough evidence,” he said.

Charlton said simple assault would be a more appropriate charge.

Assistant District Attorney Russ Karl argued the law does apply to the incident, quoting the code.

“Causes such injury intentionally, knowingly or recklessly,” Karl said.

He also stressed Edwards was outnumbered.

Edwards testified Donald Deal identified himself.

After Edwards said he believed the three defendants sitting in the courtroom were his attackers, Charlton pressed him on whether he was sure.

Edwards stressed he only saw them once — he never met them before Aug. 6.

Although Edwards couldn’t identify who broke his jaw, his wife Amber was a witness to the incident.

She was sequestered during her husband’s testimony at the hearing, but was not called to testify.

Karl said after the hearing that her testimony was not necessary.

According to the criminal complaint filed by Butler state police, Amber Edwards identified all three men from photographs presented to her over three interviews on Aug. 6, Aug. 26 and Oct. 3.

Edwards said the fight resulted from problems between his daughter and Miller’s son at a trailer park near Boyers.

“I saw (him) harassing my daughter,” Edwards said.

According to Edwards, he told Miller’s son to leave and he complied.

Edwards said 30 minutes later he was sitting at a table in his yard talking to his wife when he heard a vehicle come onto the end of the driveway.

He then saw Miller, who asked him: “Have you been running your mouth at my kid?”

Edwards testified all three men were punching and kicking him after he dropped to his knees.

“My wife was yelling for them to stop,” he said.

According to the criminal complaint, Amber Edwards grabbed a baseball bat to defend her husband.

Edwards said he feared for his wife’s safety after the men stopped assaulting him.

“I was afraid they were going to start hitting my wife,” he said.

However, Edwards said the men did not do anything but linger for a short time.

He said his vision wasn’t impaired, but he was bleeding from the mouth and the top of his head.

Edwards said he was in UPMC Presbyterian Hospital in Pittsburgh for four days.

“They put a plate in my jaw,” he said. “They wired it shut.”

Edwards said he underwent two surgeries and expects to undergo more.

“I already had a screw come out of it,” he said.

Edwards said he took pictures of his injuries using a cell phone.

Attorney Joseph Nash of the Nash Law Office in Slippery Rock said after the hearing that his client, Jeremy Deal, is innocent.

“He didn’t participate,” Nash said.

Charlton said he needed to speak with his client before knowing what the defense argument would be because he just learned what the prosecution’s case was at the hearing.

Attorney Chad Doman of the Lindsay Law Firm in Butler declined to comment on the case.

Donald Deal remains free on $100,000 bail, Jeremy Deal is free on $5,000 bail, and Miller is released on his own recognizance.

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