One of two men who assaulted a gay man in a North Park alley on Halloween in 2010 lost his bids to reduce his felony conviction to a misdemeanor and to terminate his probation early.
Michael John Brandon, now 26 and from Santee, made the requests through his attorney, Dana Feuling before San Diego Superior Court Judge David Szumowski Aug. 23. His attorney said 2 1⁄2 years had passed since the incident and he had no previous record.
“He completely turned his life around,” said Feuling, adding that he wants to apply for other jobs but the felony conviction is “holding him back from better paying jobs.”
A probation officer told the judge Brandon has been compliant and only had about six more months before his probation would end. Records show Brandon has paid the required restitution of $1,500 to the victim and the $1,224 fine.
“I wish I could take back my actions or at least move on from my indiscretion,” said Brandon to the judge.
Szumowski asked Deputy District Attorney Dana Palmer, who was opposed to both bids, for some background about the case. Palmer told Szumowski Brandon punched and kicked the victim, Jacob Harshbarger, then 32, as he was walking his dogs at 3:15 a.m. in an alley off Texas Street.
Palmer told the judge that Brandon and another man yelled “kick the fairy, kick the homo” during the assault. Harshbarger lost consciousness and the group left in a car, but not before accidently leaving one of their cell phones behind in the alley – a clue that led police to Brandon and co-defendant Christopher Blount, now 25.
Harshbarger was taken to a hospital and had suffered a concussion. He also received 12 stiches inside his mouth and on his lip and had a black eye for days afterwards.
“He (Brandon) wishes he could take the incident back,” said Feuling to the judge.
Szumowski paused for a moment to think it over after hearing the case’s background. “Both requests are denied,” he then said.
Records show that Brandon and Blount pleaded guilty to felony assault and were sentenced to 270 days in jail and placed on three years probation. Both men were drunk when the incident occurred.
It wasn’t considered a hate crime because of the way it started. Harshbarger noticed they were harassing one of their own friends who had stepped out of a car, and he told them to pick on someone of their own size. He was then beaten.
