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Assault case goes to jury
YOUNGSTOWN
A jury must decide if an Austintown man should spend up to eight years in prison for hitting the father of his girlfriend over the head with a small club during a disagreement in 2010.
Adam Swauger, 23, of North Edgehill Drive, Austintown, has been on trial before a jury of six men and six women in the courtroom of Judge James C. Evans of Mahoning County Common Pleas Court. Swauger is charged with one count of felonious assault.
Prosecutors and the defense gave closing statements to jurors Wednesday morning.
Mark Hockensmith, an assistant county prosecutor, told jurors that Swauger had been arguing with his girlfriend and mother of his two children when he went to the home of her parents where she had been staying. He said the couple had been arguing over a cell phone and memory card.
Hockensmith said Swauger arrived at the Poland Township home and continued the argument with his girlfriend then struck the tail end of a Ford car in the driveway with a small “blackjack” — a club used for self-defense. He said the girl’s father, Wesley Owrey, the victim in the case, demanded Swauger leave the property, but Swauger hit him across the top of the head with the club.
“Now he has moved from destroying property to hurting people,” said Hockensmith. “He turns on Wesley Owrey and hits him square in the head.”
Owrey was able to hold Swauger for police arrival a short time after the fight. Swauger subsequently was charged with assault.
Atty. David Engler, representing Swauger, said the jury likely expected more options than the felony aggravated assault charge in dealing with the case against his client. He said the state did not prove the charge.
Engler said there is plenty of reasonable doubt for the jury to consider. He said Swauger’s girlfriend testified she did not see any type of club in Swauger’s hand at the time he arrived at the house and got out of his car.
Engler said the state also failed to prove the club Swauger was carrying could cause one’s death. He said his client did not go to the Owrey home with the intent or purpose to commit harm to the alleged victim but went there to see his children.
If found guilty, Swauger could face between two and eight years in prison.