May 01, 2008 10:13 pm
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By Jeff Lehr
jlehr@joplinglobe.com
A 23-year-old man, accused of attacking another man in July 2007 outside a Joplin cellular-telephone business, on Thursday was ordered bound over for trial on a felony assault charge.
Jeffrey L. Canaday, 2902 S. Joplin Ave., appeared at a preliminary hearing in Jasper County Circuit Court in Joplin on a charge of first-degree assault. After the hearing, Associate Judge Richard Copeland ordered the defendant to stand trial and set May 9 as the date for his first appearance in a trial division of the court.
Canaday allegedly attacked James Krokroskia, a salesman from Baxter Springs, Kan., on July 7 as Krokroskia left the U.S. Cellular store at 1630 S. Range Line Road. Krokroskia was knocked unconscious, his face was beaten and his head was kicked, according to police and court records.
Krokroskia testified at the hearing that he does not recall much of what happened that day. He said he never saw his attacker or attackers, and had no chance to defend himself.
Krokroskia said he was struck in the back of his head as he left the store to retrieve a cell phone from his vehicle and was knocked out. He testified that he suffered bruises and cuts to his face, including the imprint of a shoe sole on his face where he was kicked.
Brian Lewis of the Joplin Police Department, who investigated the assault, testified that witnesses told police that two men attacked Krokroskia. The investigation led to the arrest of Canaday, but the second assailant was never identified.
Lewis said that in an interview after his arrest, Canaday took sole responsibility for the assault and declined to identify the second assailant.
“He said that he was the one responsible,” Lewis told the court.
He said Canaday told him that he and others had been driving around together, and that Krokroskia had angered him by talking “smack” to them.
Assistant Prosecutor Jeremy Crowley called the victim’s wife, Stacy Krokroskia, who testified that her husband continues to suffer as a consequence of the assault.
“Since that date, he has suffered from migraine headaches and more memory loss than anything,” she told the court.
She said he forgets things during the day, such as the need to pick up their children or where they are going when he is driving.
Defense attorney Brian Glades asked James Krokroskia on cross-examination if he had written anything on the palms of his hands before testifying Thursday, and he initially denied it. But the prosecution called Krokroskia back to the witness stand after his wife finished testifying, and he acknowledged having a note reminding him of the time of a baseball game written on his hand. He said he had forgotten he had done so.
Glades argued that no medical records or expert testimony had been presented to confirm that the victim suffered any serious consequences of the alleged assault, an element necessary for a first-degree assault charge. But the judge decided there was sufficient testimony for a finding of probable cause that a felony assault took place and ordered Canaday to stand trial.
Lawsuit
In addition to pursuing criminal prosecution of his alleged attacker, James Krokroskia, of Baxter Springs, has sued Jeffrey Canaday, of Joplin, in Jasper County Circuit Court seeking damages.
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