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Posted: 7:08 p.m. Tuesday, Oct. 2, 2012

Victim in basketball assault ‘felt one punch’

By Mark Gokavi

Staff Writer

XENIA —

Austin McCoy testified Tuesday that he “felt one punch” but didn’t see it coming or who threw it during an emotionally heated Jan. 27 high school basketball game during which he suffered facial injuries that required reconstructive surgery.

The Miamisburg High School senior told a Greene County Common Pleas Court jury there had been “trash-talking,” a Fairborn High School player faking that he got hurt and a Fairborn fan ejected during a contentious league game. The incident touched off strong feelings in both communities.

Fairborn High School graduate Devon Hamilton, 19, is standing trial for second-degree felonious assault against McCoy. Defense attorney Jay Adams cross-examined McCoy and other witnesses about the swinging arm of Fairborn High School student Brandon Lewis, who also left the stands and got into the scrum of people on the Baker Middle School court.

Fairborn junior varsity basketball coach Micah Harding – who was on the court during the scuffle including players, administrators and spectators – testified that he had no doubt that he saw Hamilton throw a “running hay-maker” at McCoy while Lewis pulled McCoy to the floor. On cross examination, Harding said McCoy’s face is obscured by Lewis’ swinging hand in the Fairborn video.

On the second day of the trial, game tape recordings of the incident were shown on the large court monitors and also at a smaller size on a computer screen near the jury box in an effort to sharpen the picture. At issue was whether the video shows Hamilton and/or Lewis connecting with punches and at what angle their arms may have struck McCoy’s face.

Basketball official Steve Grove was the nearest referee to the loose ball after a missed Fairborn shot. Grove said he blew his whistle and was calling a foul on McCoy. Grove also said he didn’t see any punch but heard a “dead thud” like he’s never heard.

It still echoes in my mind today,” Grove said on the stand. Grove, who added that things happened “in the blink of an eye,” testified that he pointed toward Hamilton because he said he wanted to identify to administrators the person whom he thought was responsible.

Greene County Prosecutor Stephen K. Haller and Chief Trial Counsel Jeffrey Hunter again went through the video with Fairborn administrators, who explained their rationale behind blaming Hamilton and what suspensions to dole out to those who left the stands. Adams did the same on cross examination.

Medical documentation taken by hospital personnel from the McCoy family after the incident had conflicting versions. One mentioned that one spectator hit McCoy while another said two spectators punched McCoy. Dr. Thomas Percy, who performed the reconstructive surgery and inserted the titanium plate into McCoy’s forehead, said that issue in the reports was not as important as what the injuries were and how to treat them.

Percy testified that McCoy’s injuries could have been the result of “just one punch” and the doctor wrote that it was probable the person striking McCoy wore a ring.

McCoy said he was always conscious the night after he was hit and transported to Sycamore Hospital. McCoy said he didn’t recall telling any medical personnel that he was hit by more than one person.

McCoy’s mother, Myra, testified she didn’t see the incident when it happened. She also said her son spent eight days in hospitals and had a four-hour surgery. She said her son missed three weeks of school in January and another three weeks in May due to medical complications. McCoy said he plans to play basketball this season.

Judge Stephen A. Wolaver said the trial would continue Wednesday.

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