Angry Man Bites Wife's Lover's Ear Off

Virgil Bates III from Ohio was going to the house to confront his wife about her affair. Bates found another man, Matthew Tipton, in bed with his wife, and he admitted to biting off part of Tipton's ear off. Bates put the man in a headlock, the man bit his arm, and Bates responded by biting part of the man's ear off.

Bates plead guilty to aggravated assault on last Monday. An assistant prosecutor said that the ear couldn't be repaired, and any procedure would be extremely painful because it is difficult to numb ears since they are mostly cartilage. He faces up to 18 months in prison. The prosecutors have said that they would recommend he be placed on community control and spend time at a correctional treatment facility followed by a work release program. His sentencing is August 31.

Comments from Allen:
In this man's hunger for justice, he bit off another man's ear.  When I read about this case, I wondered why Mr. Bates pled "guilty" to  aggravated assault; it seemed to me he had a defense to this crime. However, Ohio has a unique statute defining "aggravated assault:"

2903.12 Aggravated assault.
(A) No person, while under the influence of sudden passion or in a sudden fit of rage, either of which is brought on by serious provocation occasioned by the victim that is reasonably sufficient to incite the person into using deadly force, shall knowingly:
(1) Cause serious physical harm to another ....

Ohio's statutory definition precisely fits the conduct of Mr. Bates. His defense, that Mr. Tipton provoked his actions by his own outrageous conduct, actually provides the elements of the crime. Mr. Bates realistically had no defense to the crime. Defense counsel properly advised his client to plead "guilty" to that charge, with the emphasis of the defense focusing on either a favorable sentencing deal, or a presentation to the court focusing on the mitigating factor of Mr. Tipton's parking his shoes in the wrong bedroom. I would not expect Mr. Bates to receive a sentence near the maximum possible in this case because of the outrageous nature of Mr. Tipton's conduct.

***********************************************************************************************************************

Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI) , Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.
Sources for more information:

http://abcnews.go.com/US/wireStory/ohio-man-finds-wife-lover-bites-off-piece-33154252

http://www.clevescene.com/scene-and-heard/archives/2015/08/18/ohio-man-walks-in-on-wife-with-lover-bites-off-piece-of-mans-ear

http://nbc4i.com/2015/08/18/ohio-man-finds-wife-with-lover-bites-off-piece-of-his-ear/

http://www.toledoblade.com/Courts/2015/08/18/Man-bites-off-part-of-ear-of-his-wife-s-lover.html

Comments

Post a Comment

Popular posts from this blog

7 Things Lawyers Can't Tell Jurors

Image
 It is a trial lawyer's job to educate jurors, and tell them what they need to know in order to decide cases. Despite this, there are many things, true things, that lawyers are not allowed to tell jurors directly in statements to the jury or indirectly through testimony of their witnesses. Lawyers know these things, though, and I thought you might like to know some of things. #1. A lawyer can't tell the jurors anything that happened during settlement negotiations. He cannot let the jurors know, when asking them to make the defendant pay his client $100,000 that the defendant agreed to pay him $80,000 prior to the trial. The reason for this is that you want settlement negotiations to be very open. You don't want to damage a negotiation session because someone is afraid that what they say will get repeated to a jury if you don't strike a deal. #2 In Idaho, a lawyer can't tell the jurors that the defendant has insurance. In many other states, he can. Bec...
Read more

OBAMA APPOINTEE DENIES GIULIANI ABILITY TO DEFEND HIMSELF, RESULTS IN $148 MILLION JUDGMENT

Image
In the aftermath of the January 6, 2021 protests, Rudy Giuliani has been ordered to pay over $148 million in damages to two Georgia election workers named by the former New York mayor.  What has not been explained to the general public is that there was never any trial concerning whether Mr. Giuliani had actually slandered or libeled these two persons.   In the case of Giuliani, the two Georgia election workers listed as plaintiffs in the suit against Giuliani sued him for saying they engaged in what amounted to election fraud.  They are allowed to ask the defendant ex-mayor for documents relevant to their suit and to his defense. These women brought their case against Giuliani in a jurisdiction that is heavily populated with Democrats.  They could have sued in their home state, Georgia, but did not. They wanted a jury pool of anti-Trump democrats, so they sued in Washington, D.C. They managed to get an incredibly biased Barack Obama-appointed, anti-Trump judge....
Read more

Man Framed by Prosecutor Released After 29 Years in Prison Seeking Lawsuit

Image
19 year old, Charise Kamps, was found raped and strangled to death in her apartment in June 1980. Ralph Armstrong told the police that both of them were at the apartment alone doing cocaine before leaving to go see friends around 9:30 pm. Police said that they learned that Armstrong owed Kamp's boyfriend $400 and witnesses saw Armstrong handing Kamps money that night. However, the money was not found in the apartment, and Armstrong deposited $315 in his bank the next day.The defense argued that he got the money from his brother. One of the neighbors saw a lean, muscular man about 5 feet 5 inches tall with long, dark hair drive up to the apartment. Before the identification process, the police had the witness hypnotized. He was shown a photograph of Armstrong, and After being hypnotized, the witness changed the height of the man he saw. Later at a lineup to have the witness select the man he saw, he chose Armstrong. The other people in the lineup were police officers in wigs...
Read more