A Carbon County jury deliberated for about a half-hour on Tuesday afternoon before finding a Schuylkill County man not guilty of two assault counts.
The panel ruled Alfred Bond III, 27, of 135 E. Ruddle St., Coaldale, not guilty of aggravated and simple assault. President Judge Roger N. Nanovic II, who presided, found him not guilty of the summary offense of harassment.
He was charged by Jim Thorpe police with assaulting Aubrey Roth, of Lansford, at a residence at 21 W. Third St. The incident occurred on March 24, 2012, at the home of Roth's daughter.
Roth told police he was at the home of his daughter for a birthday party. He said when he walked outside of the home about 10:30 p.m. he was struck by Bond with a claw hammer.
At the trial Roth said he sustained multiple facial fractures including one to the orbital of his left eye.
During the course of the trial Assistant District Attorney William E. McDonald, called several witnesses who were at the party. The witnesses testified that an altercation occurred between Roth and Bond, but none said they saw a claw hammer used by Bond or Roth. No claw hammer was ever found.
All the witnesses indicated that Roth was intoxicated at the time and was involved in an incident with his estranged wife, Kathleen Roth, and her boyfriend at the same party before the altercation with Bond.
Some of the witnesses said they did observe Roth with an eye injury, however, he refused to show anyone the injury and also refused to be taken for medical attention. Roth did not report the incident to police until several days later and after he went to a hospital for treatment.
Roth also admitted having consumed alcohol at the party.
Bond testified he did not attend the party but came to the residence to give a friend, Andrea Morales, and his two children, a ride home.
He said Roth got into an argument with him. He said he was leaving the home when Roth started calling him names and then pushed him. Bond said he did punch Roth in the face but that occurred inside the home and Roth fell back onto a couch.
Bond denied hitting Roth outside the home and also denied he used a claw hammer in striking Roth.
Bond also admitted he did not respond to Det. Lee Marzen's request for a statement concerning the incident.
Marzen testified he made several attempts to speak to Bond about the incident to get his side of the story but that Bond told him he would not come to the police station to give a statement. The officer then said he filed the charges.
Bond was represented at the trial by public defender Attorney Matthew J. Rapa.