CLEARFIELD – A Clearfield man was sentenced to 60 days in Clearfield County Jail after pleading guilty to simple assault.
According to court records police and emergency personnel were dispatched to the residence of Harry Lee Merritts. A paramedic noticed that Merritts was highly intoxicated and had blood on his hand and arm. The paramedic asked Merritts what happened, and Merritts reportedly responded he had “knocked a guy out in his kitchen.”
Officers entered the residence and found the alleged victim lying in a pool of blood on the kitchen floor. Officers also noted that there was blood on the kitchen table and wall above where they man was located.
Police questioned Merritts as to what happened. He reported to police that he and the alleged victim were at his kitchen table drinking when a disagreement occurred. That escalated into an argument, and then into a physical confrontation. Merritts told officers that he hit the alleged victim several times, knocking the man unconscious.
Paramedics had checked the man, who was in and out of consciousness. His injuries were determined to be severe, and the man was taken to Clearfield Hospital, and from there airlifted to Altoona Regional.
Police also spoke with Merritts’ wife, who was sleeping at the time of the incident. She told officers that Merritts told her to call 911. She went to the kitchen and asked him what happened, and he reportedly told her he knocked the alleged victim out.
Merritts’ attorney Thomas Dickey argued his client’s sentence. Dickey indicated that the commonwealth would recommend to the judge a probationary term for Merritts.
Merritts tendered an open plea of guilt the day of jury selection. According to the Honorable Judge Paul E. Cherry any open plea is up to the discretion of the court.
Assistant District Attorney Leanne Nedza indicated that the commonwealth had made no recommendation.
Clearfield County District Attorney William A. Shaw was brought in to clear up any issues with the guilty plea.
“The plea speaks for itself,” said Shaw.
The DA indicated that in open pleas of guilt he makes no recommendations one way or the other.
Dickey then went on to attack the merit of the case as well as what he believed happened. Dickey also made a motion to withdraw his client’s open plea of guilt.
That motion was denied.
“As much is enjoyed this show, the victim is still the victim,” argued Nedza.
Cherry asked Merritts if he had anything to say.
“I want probation,” said Merritts.
The judge sentenced Merritts to 60 days in CCJ and two years of probation on the charge of simple assault. He is to refrain from the possession or use of alcohol and controlled substances nor is he to enter any place that serves alcohol. He is to have no contact with the victim nor is he to enter onto the victim’s property. He was also ordered to pay restitution, fines and costs and to complete 100 hours of community service.
