Man found guilty Friday of felonious assault

PHOTO BY JILL GOSCHE Joshua Chavez is taken into custody by Deputy Malinda Decker of Seneca County Sheriff’s Office in Seneca County Common Pleas Court Judge Michael Kelbley’s courtroom Friday morning.

A jury found a Fostoria man guilty Friday morning of assaulting a neighbor.

Joshua S. Chavez, 26, had been charged with felonious assault, a second-degree felony, after an incident at Hopewell Estates, 8702 W. SR 18, Feb. 3.

The four-man, eight-woman jury returned its guilty verdict in Seneca County Common Pleas Court Judge Michael Kelbley’s courtroom after about half an hour of deliberations.

Kelbley revoked bond and is ordering a pre-sentence investigation.

Rebeka Beresh, assistant Seneca County prosecutor, had said Russell Poole was severely beaten for asking if Chavez had taken his money. He had “extensive physical injuries” and went to Mercy Health – Tiffin Hospital, she said.

Poole had said he was taken by ambulance to Mercy Health – St. Vincent Medical Center and was released the following morning.

Attorney Alex Smith, who defended Chavez, had said Poole thought money was missing and took it upon himself to confront Chavez about it. Chavez struck Poole to get him out of the house, he said.

“This case is self defense 101,” he said.

In his closing argument, Smith said Poole seemed to only remember things Chavez did wrong. Poole put himself in the situation, he said.

“We have this concept of reasonable doubt. … Take your time,” he instructed the jury.

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