A jury convicted Arthur Dwight Bolton of Assault and False Report to a Peace Officer on January18 , 2013. The 65-year old Damon man was tried for attacking a distant neighbor and lying about it to the police.
According to Chief Misdemeanor Prosecutor Sherry Robinson, Bolton and his wife were riding their Kubota Utility Vehicle on the victim’s property on Father’s Day, June 20, 2010 when the victim flagged them down to tell them they were trespassing. In response, Bolton, who was 6’ 8” tall and weighed 250 lbs., began striking his victim, who was five inches shorter and 30 pounds lighter. The defendant punched the 67-year-old man and choked him while he fell to the ground and began to pass out. Bolton and his wife got back in their Kubota and left when the victim’s wife came running up, yelling for them to stop. The injured man was taken by ambulance to the hospital where he was treated and released.
Fort Bend County Sheriff’s Deputies John Norsworthy and Steven Treece responded to a 911 call the victim’s wife made at the scene. They began searching the subdivision, which consists of large-acreage lots, for people matching the description of Bolton and his wife, since the victim did not know them. The deputies were directed to the defendant’s home where they interviewed both the defendant and his wife. Both told the officers that they had been home all day and never left their house. Detective Heinemeyer also interviewed Mr. and Mrs. Bolton the next day, but again, they both denied committing the assault.
Then, in March 2011, Deputy Charles Gasser made contact with the defendant while responding to an unrelated call. At that time, Bolton told Deputy Gasser that he knew the victim, and that the victim was just angry at him because he had “whipped his a**” several months before.
“The jury was very thoughtful in their deliberations, carefully weighing all of the testimony in the trial,” said Robinson. “We are grateful for their verdict, which tells the defendant that he cannot use violence in response to this homeowner’s legitimate inquiry while on his own property. Nor can he benefit from lying to the police.”
Bolton was tried in County Court at Law No. 4 before Presiding Judge R. H. “Sandy” Bielstein. Assault is a Class A misdemeanor punishable by a fine up to $4,000 and a jail term not to exceed 365 days. False Report to a Peace Officer is a Class B Misdemeanor punishable by up to 180 days in jail and a fine up to $2,000. Bolton elected for the court to assess punishment, and a sentencing hearing has been scheduled for March 6, 2013. He is eligible to receive probation.
Assistant District Attorneys Sherry Robinson and Elan Levy prosecuted the case. Attorney Michael Lamson represented the defendant.