LISBON – A judge has rejected an East Liverpool man's plea to withdraw his guilty plea to assault and domestic violence in connection with a 2022 stabbing.
Joseph Boyer of 51 Ogden St. 1 o'clock in the evening.
This misdemeanor domestic violence charge carries a sentence of 8 to 12 years and up to 18 months. If he receives consecutive sentences, he faces nine and a half years in prison and a maximum sentence of 13.5 years. The minimum sentence is two years for assault and six months for domestic assault.
Boyer remains in the county jail on $100,000 cash or bail.
Judge Scott Washam, who made his decision this week, rejected arguments for acquittal, including the defendant's contention that he never tried to kill anyone and that he loved the victim. But Washam found no logical or legal basis to support Boyer's motion to dismiss the conviction.
Boyer is charged with first-degree attempted murder, second-degree assault and fourth-degree domestic assault in connection with the attack at the Ogden Street home. An affidavit filed by the East Liverpool Police Department said the victim, who was stabbed three times in the neck and once in the wrist during the attack, said the suspect pulled her hair and then grabbed a knife.
On the day the jury trial was scheduled to begin in January, prosecutors told the court and attorneys for Jennifer Gorby and Joe King that the attempted murder charge had been dropped due to legal issues. Boyer decided to plead guilty to the other two charges instead of going to trial. A month later, in February, a motion to dismiss was filed and his attorneys objected, Gorby wrote that the defendant had lied to him and accused him of fraud.
During the plea hearing, Boyer said he was told on the day of the jury trial that if he pleaded guilty to the other two charges, prosecutors would drop the first charge. He said he was told he would have to wait 30 years if he didn't take the deal and he was scared. He said he wanted to go to court. The king wanted him to continue as his lawyer.
Jones County Assistant District Attorney Tammy Riley argued against the plea, attaching an evidentiary letter the defendant wrote to the victim, asking him to come to court and receive a lesser sentence. He said he never indicated that he didn't understand or that he should make a question.
He said the memo did not support what Boyer said, and Cave agreed.
He found aggravating factors for the accused.
Washam wrote: "A declaration of innocence, without anything more, is far from a true or complete defence. It is like a change of heart and provides no reasonable or valid basis for the dismissal of a charge of guilt."
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