Two East County men received jail terms last week for beating Jacob Harshbarger in a North Park alley on Halloween 2010, but both of them will be released from jail within two months with credit for time served.
Christopher Matthew Blount, 23, of El Cajon, was sentenced to one year in jail, but he received credit for already spending 171 days in jail. With good conduct credits, Blount’s projected release is May 2, according to the sheriff’s department.
Michael John Brandon, 24, of Jamul, received 270 days in jail from San Diego Superior Court Judge Charles Rogers. He received 171 days credit, and his projected release is April 29, according to the sheriff’s department.
Harshbarger, 23, a gay health educator, received a concussion and spent nine hours in an emergency room. He had to get 12 to 13 stitches inside his mouth and lip, and got a black eye.
Though no hate crime charges were filed, Harshbarger has said he believed he was attacked because he is gay. He testified he heard his attackers yell “f****** faggot!” during the 3 a.m. assault near Texas Street.
Both men were placed on three years probation and both are banned from possessing or drinking alcohol for the next three years even in their homes. Both were ordered not to frequent bars or nightclubs where alcohol is the key item sold.
Both men were ordered to pay $1,500 in restitution to Harshbarger for lost wages and a $1,224 fine each. Blount and Brandon were ordered to not associate with each other for three years.
“Mr. Blount, you need to take control of the alcohol issue before it takes control of you and you’re sent to prison for the rest of your life,” said Rogers. “You must not repeat this type of conduct.”
Blount’s attorney, Vicky Fernandez, asked whether Blount could start paying the restitution and fine in $35 payments per month, but Rogers said no, and set it at $50 per month.
“I’m not impressed with Mr. Blount’s conduct in this case. He’s lucky he’s not going to prison,” said Rogers.
Both men pleaded guilty Jan. 19 to felony assault. If they violate probation conditions, they could be sent to prison for four years. They are also banned from contacting Harshbarger who was not present at the sentencing.
Neither defendant said anything in court. They are serving their terms in the George Bailey Detention Facility.
