Following an appeals court decision, a Lynchburg man expressed regret in his felonious assault case

A Lynchburg man’s sentence in a felonious assault and kidnapping case was reduced by two years this week after the Fourth Circuit Court of Appeals overturned the original sentence in an order issued in November.

Robert G. Jackson, 58, pleaded guilty in May 2023 to assault, a second-degree felony; and kidnapping is a third-degree felony. Highland County Common Pleas Court Judge Rocky Coss sentenced Jackson to a fixed term of seven years on the felonious assault charge, another two years on the kidnapping charge, for a total of nine years in prison.

Jackson’s sentence in the case is now seven years, following a acquittal hearing on Jan. 8 in Highland County Court of Common Pleas.

As previously reported, the summary of details stated that in February 2023, a Highland County sheriff’s deputy responded to a home after the victim was heard calling for help to an open 911 line. After officers arrived, the victim stated that Jackson he hit the victim, hit his head against the door and beat him with a chair. A “large amount of blood” was observed in the apartment, and the victim was reportedly bleeding “profusely” from his head.

According to the case file, the victim “was later diagnosed with multiple injuries, including broken bones, a laceration, a stab wound and a concussion, which required various medical procedures, including surgery, sutures and staples.”

According to a Nov. 15 appellate court decision, Jackson, represented by Hillsboro attorney Dennis Kirk, successfully appealed his conviction based on a trial court ruling that “erroneously (erroneously) denied his motion to consolidate the offenses of assault and kidnapping.” 2024.

“Our re-examination of the indictment, the summary of particulars, and the victim and prosecutor’s sentencing statements did not establish that Jackson committed separate crimes,” Fourth Circuit Court of Appeals Judge Kristy Wilkin wrote. “Jackson’s contention that the assault on the victim was a sustained course of conduct that she engaged in with a single intent to physically harm the victim is supported by the record. Therefore, we reverse the decision of the first instance court and remand the case for reconsideration.”

In addition to making the same argument on appeal, at Jackson’s sentencing hearing in May 2023, Kirk “argued that the crimes of criminal assault and kidnapping should be joined because they are related crimes of similar severity… because Jackson’s intent was to cause serious harm to (the victim).” , and the attack was continuous.” Wilkin wrote. According to the judgment of the appeals court, both the prosecutor and the judge disagreed with this decision.

Wilkin wrote that the Court of Appeal had to determine “whether the appellant harbored a separate aversion to the two crimes.

“Jackson’s contention that his crimes should be connected is substantiated,” Wilkin wrote. “The evidence shows that Jackson’s actions had only one intention, which was to cause physical harm to (the victim) that day. Any restriction of her liberty was incidental, and we are unable to determine whether Jackson committed the crime of kidnapping separately from the commission of criminal assault.”

The appellate court added that the state’s bill of particulars also contained “no facts establishing that Jackson committed the crime of kidnapping separately and apart from the felonious assault.”

“The evidence in the detail sheet tends to point to a sustained assault by Jackson, causing (the victim) serious physical harm,” Wilkin wrote. “Any coercive measures were incidental to the physical assault.

“Similarly, (the victim’s) testimony given at sentencing does not establish that the crime of kidnapping was completed separately from the criminal assault.”

Wilkin concluded that “based on the poorly known facts and our careful review of the record, we find that Jackson met his burden of showing that his conduct in causing (the victim) serious physical harm was committed with a single animus establishing the offense of assault.” All coercive measures were incidental to the criminal attack.

“By affirming Jackson’s assignment of error, we remand the case to the trial court for an acquittal hearing consistent with our position that the crimes of criminal assault and kidnapping should be consolidated,” the appellate court’s decision states. “We note that the trial court should ensure that Jackson was orally informed of the indefinite imprisonment notices pursuant to RC 2929.19(B)(2)(c) at the sentencing hearing.”

According to the decision, Justice Jason Smith dissented, while Justice Peter Abele only concurred in the judgment.

“While I do not generally subscribe to the single intent theory viewed from the perpetrator’s perspective, I agree that in a sub judice case, the prosecution’s presentation of the relevant facts is somewhat unclear and does not allow us to determine with certainty whether the offenses should be joined,” Abele wrote. “Therefore, I only agree with the ruling.”

At a Jan. 8 contempt hearing, Highland County Assistant Prosecutor Adam King asked for Jackson to be sentenced on the assault charge.

Highland County Common Pleas Court Judge Rocky Coss sentenced Jackson to the same minimum sentence of seven years. Under the Reagan Tokes Act, Jackson could spend up to 10 1/2 years on the charge. He had 65 days of jail time since his original sentencing and all time spent in the custody of the Ohio Department of Rehabilitation and Corrections since his May 12, 2023 admission.

As previously reported, Jackson was additionally sentenced in January 2024 to 18 months in prison after pleading guilty to retaliation, which is a third-degree felony. During his plea hearing, it was revealed that Jackson had written to the victim regarding a criminal assault case.

According to ODRC, Jackson is currently incarcerated at Southeast Correctional Center. His current expected release date/parole eligibility date is August 6, 2031.

Editor’s note: A free press is critical to having well-informed voters and citizens. Although some news organizations choose paid websites or costly paywalls, The Highland County Press has maintained a free newspaper and website for our community for 25 years. If you would like to support this service, we would be very grateful. Donations may be made to: The Highland County Press, PO Box 849, Hillsboro, Ohio 45133. Please include “for the website” in your memo.