On January 19, two East County men pleaded guilty to felony assault of a gay man on Halloween in North Park. Both men face up to one year in county jail.
Christopher Matthew Blount and Michael John Brandon, both 23, admitted to beating Jacob Harsh-barger, 32, as he was walking his two dogs in an alley off Texas Street and Meade Avenue around 3:15 a.m.
Harshbarger suffered a concussion, received 12-13 stitches inside his mouth and on his lip, as well as had a black eye for about four days. It wasn’t considered a hate crime because Harshbarger just happened to walk by both men, who were drunk and harassing one of their own friends. Harshbarger told them to pick on someone their own size. He was attacked, and lost consciousness briefly.
Blount has agreed to accept a one year jail term with probation. Bran-don faces up to one year in jail, but could get a lesser term. Both men will likely have strict probation conditions, such as a ban on drinking even in their own homes and they will be forbidden to go to bars or nightclubs.
According to testimony, both Blount and Brandon were intoxicated that night. They were coming from a party and started picking on one of their friends, Dan Measures, in their car. Measures told the driver to stop the car and he got out to get away from them.
The driver slowly followed Meas-ures, and Brandon and Blount got out of the car to persuade Measures to get back in. That was the moment in which Harshbarger walked by them.
Blount was awaiting sentencing for drunk driving at the time of the Oct. 31, 2010, attack upon Harshbarger, and was out on bail. Because he violated conditions of his bond, Blount has been in the George Bailey Detention Facility without bail.
“I unlawfully assaulted another with force likely to cause great bodily injury and I inflicted great bodily injury,” wrote Brandon on a court document with his guilty plea.
San Diego Superior Court Judge Charles Gill set sentencing for Feb. 24. Harshbarger is a health educator. He testified at a Nov. 18 preliminary hearing and said he had a foggy memory of what happened as he drifted in and out of consciousness several times. He spent nine hours in the emergency room.
Defense attorneys tried to get the content of Harshbarger’s gay-themed T-shirt into the record, but were unsuccessful because the prosecutor objected saying it was irrelevant. Deputy District Attorney Michael McCann said no one saw the T-shirt until it was taken off the victim in the hospital because his jacket was zipped up.
San Diego Police found Measures’ cell phone in the alley where Harsh-barger was attacked and one of Blount’s shoes. They contacted Meas-ures and he told them what happened, and Brandon and Blount were arrested on Nov. 2.
Brandon remains in the George Bailey Detention Facility on $75,000 bail.
