WINTHROP A Brasher Falls man was acquitted Monday of misdemeanor third-degree assault following a one-day jury trial in Stockholm Town Court before Judge Wayne G. Williams.
Jacob I. Moody, 31, of 929 Route 420, Apt. 2, was accused of attacking Lance Felix outside a Erins Isle in Brasher Falls on Feb. 12, 2011. He was indicted on felony second-degree assault charges in June, but that charge was reduced after St. Lawrence County Court Judge Jerome J. Richards ruled there was insufficient evidence to sustain the felony count.
The case was returned to Brasher Town Court and then transferred to Stockholm after both Brasher justices - Jeremiah Mahoney and John Burns - asked to have the case transferred due to potential conflicts of interest. Mr. Felix is a well known contractor in the Tri-Town area and the family operates a restaurant in Winthrop.
Assistant District Attorney James Monroe prosecuted the case, while Mr. Moody was represented by Edward Narrow, of Syracuse.
Testimony revealed Mr. Felix had suffered a concussion and a soft tissue injury to the mouth requiring 15 sutures following the confrontation outside the Brasher bar. Prosecutors called three witnesses to the stand during the trial - Mr. Felix, Trooper Dustin Anderson and Tri-Town Rescue Squad emergency medical technician Terry Goodrich.
The four woman, two man jury deliberated for approximately 90 minutes before returning the not guilty verdict.
The defense argued Moody was justified in using self defense against Mr. Felix. Moody, in his statement to Tpr. Anderson, said Mr. Felix had accosted Brandon Arquiette outside the bar over a previous incident.
When Jacob intervened, Mr. Felix swung at him with a closed fist striking Jacob in the face. My client then hit Mr. Felix two to three times while he was standing. After he struck Mr. Felix, Jacob stated he went into Erins Isle to get help for Mr. Felix who at this time was lying unconscious outside the bar, Mr. Narrow said.
Mr. Monroe, providing the jurors with several photographs detailing the injuries Mr. Felix had suffered as a result of the incident, suggested the extent of the damage demonstrated Moodys response was not justified and far more than simply self defense.