Raleigh County Circuit Judge John Hutchison Tuesday denied attorney Anthony Salvatore’s motion to set aside Joe Friday Frost’s December conviction for misdemeanor assault.
Frost, 48, of Lester, who was originally charged with malicious wounding, was sentenced to six months in jail.
At his trial, Frost claimed self-defense for his part in a 2005 altercation with Kenneth Moore. Tuesday, Salvatore told Hutchison that Moore admitted to throwing the first punch after Frost made a disparaging comment about his mother.
“(There was) never testimony that he (Frost) was going to attack him (Moore),” Salvatore said, arguing Moore had no reason to strike Frost.
Salvatore told Hutchison he thought, although jurors did not believe his client was guilty of the more serious malicious wounding charge, they “pinned” him with the assault conviction simply because they did not like him.
In denying the motion, Hutchison told Salvatore he believed a reasonable jury could have concluded Frost was guilty of assault based on the evidence.
Frost was remanded to Southern Regional Jail to complete his sentence.
— E-mail: mjames
@register-herald.com
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