Following a two-day trial in Criminal Circuit Court of Fairfax County, Michael J. Plues, 41, a resident of Mount Vernon District, was convicted of assault and battery and sentenced to one year in jail plus a $2,500 fine.
Plues was charged after an altercation with Charles Gaythen Bryant III, 42, of Woodlawn, outside Elsie's Magic Skillet, 8166 Richmond Highway, last July 4. Plues was charged with malicious wounding after Bryant received severe injuries to his right eye which had to be surgically removed at Inova Fairfax Hospital.
In a jury trial before Judge Leslie Alden, Plues pleaded not guilty to the charge, which his attorneys, Ronald and Elizabeth Lynch, argued was a case of "mutual combat." Assistant Commonwealth Attorney John Murphy countered that, "Self defense has to be a reasonable response to a threat or perceived threat."
Ronald Lynch told the jurors, "Just because the prosecution refers to Bryant as the victim, doesn't necessarily make him a victim."
In reaching their verdict the jurors reduced the charge to assault and battery which carries a much lighter sentence. If convicted of malicious wounding Plues could have received the maximum jail time of 20 years to life.
The case grew out of an alleged confrontation between Plues and Bryant in the restaurant's parking lot at approximately 3 p.m. July 4 over Bryant's girlfriend, Jennifer Anderson, a waitress at the restaurant, who had previously dated Plues. According to testimony at the preliminary hearing Plues allegedly attacked Bryant with a baseball bat as he was entering the restaurant.
"He hit me in the rib cage and shoulder. Then I took the bat away from him and struck his truck with it." As a result of being hit by the bat Bryant testified he received a cut on his face. He went into the restaurant with the bat, put it on the counter, and went to the restroom to clean the blood off his face.
Bryant also testified that he told his girlfriend, who was working at the time, "It's over."
He explained under cross examination that he meant, "the confrontation was over." When Bryant emerged from the restaurant to leave the premises, Plues attacked him with an umbrella, he testified.
It was this attack that damaged Bryant's eye and eye socket. Murphy told the jury, "Although Charles Bryant was taken to the hospital the eye could not be saved. There is no legal justification for what the defendant did."
Anderson testified at the hearing. It was she who called Fairfax County Fire and Rescue Department personnel and local police. Bryant was transported to Inova Fairfax Hospital where physicians determined the eye was so extensively damaged it would have to be removed.
At the trial emergency personnel testified that upon arrival at the scene Bryant "knew who he was but he didn't know where he was or what day it was." Another EMS vehicle, better equipped to handle trauma cases, was called to transport Bryant to the hospital.
Fairfax County Police Officer PFC Gary Tuggle, who was the second officer on the scene, testified he observed EMS personnel treating Bryant and "there was a large amount of blood on the ground. Plues said he had struck Bryant with an umbrella. Plues also said Bryant had charged him."
Tuggle admitted under cross examination that the police did not issue a warrant for Plues' arrest that day. But, he reiterated, he was not the primary officer on the scene July 4 and had not been assigned the case until July 7.
In her opening statement, Elizabeth Lynch, told the jury, Plues held "the umbrella by the point and hit [Bryant] with the handle end. We do not contest the injury is permanent. It is. But [Plues] was acting to protect himself. To keep Bryant away from him."
Lynch explained to the jury Bryant and Plues had five encounters in all. The first was on June 20 in the restaurant when Plues saw Bryant with Anderson. The second and third were in a phone conversations. The fourth was earlier in the day on July 4 when Plues came to the restaurant to do some work. The fifth was when the attacks occurred.
When filing criminal charges, Bryant characterized the attack as "premeditated" based on a June 27 telephone call he said he received from Plues. [Plues] "threatened to take a baseball bat to my head and kill me," Bryant said.
It was that telephone call police included in the arrest warrant as "making telephone threats." However, the prosecution decided not to prosecute that charge and it was nolle prosequi prior to the arraignment hearing.
In discussing the verdict after the trial, Bryant said, "Apparently the jury had a question of whether or not [Plues] was there to kill me. That's why they reduced it to assault and battery. I still think he was."
Plues, incarcerated at the Detention Center in Fairfax, was not available for comment.