A Luzerne County man walked out of Schuylkill County Court on Monday after a jury decided he had not assaulted another man in July 2014 in Ringtown.
Jeremy R. Boehmer, 25, of Rock Glen, is not guilty of simple assault, the jury of seven women and five men ruled after deliberating about 30 minutes.
Judge Cyrus Palmer Dolbin, who presided over Boehmer’s one-day trial, had dismissed a charge of aggravated assault.
State police at Frackville had charged Boehmer with assaulting Richard Hardy about 4 a.m. July 5, 2014, on Main Street in Ringtown.
Boehmer did not deny hitting Hardy, but said he did so in self-defense, and Chief Public Defender Michael J. Stine said in his closing argument that Hardy instigated the fight.
“We all know what happened here,” Stine said. “(Boehmer) had to defend himself.”
Furthermore, Hardy had tried to punch Boehmer, having swung at him and missed, and the defendant used proportionate force in defending himself, according to Stine.
“You can hit them back,” he said.
Assistant District Attorney Kimm M. Montone unsuccessfully argued that Hardy was having a conversation when Boehmer came up and hit him.
“He goes out to confront Mr. Hardy,” Montone said of Boehmer. “The defendant ... knocks him down and walks away.”
Also on Monday, a different jury of eight men and four women deliberated about 10 minutes before finding Andrew A. Kottke, 33, of Red Lion, not guilty of driving under the influence.
Pottsville police had alleged Kottke was DUI on April 17, 2014, in the city.
“Mr. Kottke was unable to stand,” Patrolman Grant F. Yoder testified. “He had the heavy odor of an alcoholic beverage.”
Deputy Assistant District Attorney Robert I. Lipkin prosecuted the case against Kottke, who was represented by Edward M. Olexa, Hazleton. Judge John E. Domalakes presided over the one-day trial.