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.

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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

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