Fairview Twp. man jailed for arm-breaking assault
For attacking a bar patron in Petrolia last year and breaking the 57-year-old man's arm, a Fairview Township man was sentenced Thursday to jail.
Elijah Shawn Myers, 22, who pleaded guilty to aggravated assault Nov. 10, was sentenced Thursday by county Judge Timothy McCune to six to 23 months in jail followed by two years of probation.
Myers must also serve 25 hours of community service and pay two restitution orders. One is for more than $500 to the victim, and another is for more than $1,200 to the victim compensation fund.
According to Assistant District Attorney Ben Simon, the victim is satisfied with the sentence.
Myers was arrested Jan. 25 last year for the assault. During a preliminary hearing, Trooper Bertha Cazy testified that she spoke to the victim, a 57-year old Petrolia man, at Butler Memorial Hospital the day following the Jan. 22 altercation at the Oil Boom Saloon on Main Street. Cazy said he told her that while at the bar, the defendant “grabbed him and threw him to the ground.” He said the hospital diagnosed him with a fractured right humerus.
The trooper said she later spoke to a bartender who was working that night. The bartender did not see the alleged assault, only the apparent aftermath.
“She observed the victim on the ground,” Cazy said, “and the defendant walking away.”
On Jan. 24, the bar owner provided Cazy with surveillance video that the trooper described as showing the assault. Moments before the altercation, she said, the victim is seen at the end of the bar and Myers is just feet away talking to another person.
“(The video) shows the defendant walking closer to the victim,” Cazy said. “They don't speak or anything, and then (Myers) suddenly grabs the victim by the arm and neck and throws him to the ground, then walks away.”
