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Highberg wins assault trial

Attorney Gregger Highberg won a not-guilty verdict in Clark County District Court for a client accused of assaulting a roommate.

The May 24 verdict meant his 25-year-old client not only avoided a conviction for misdemeanor assault, but was able to accept a job offer that had been pending the outcome of her case.

At the time of her arrest, the client had been renting one floor of a three-floor townhome from the alleged victim and his wife. The alleged victim’s wife called 911 at approximately 11 p.m. on Oct. 21, 2020, and said her husband had been in an argument with their roommate and he was bleeding from his face.

Deputies from the Clark County Sheriff’s Office interviewed Highberg’s client, the alleged victim and his wife. They learned the alleged victim and his wife had been drinking all day, and our client had joined them in the evening. At some point Highberg’s client and the alleged victim started arguing; the client told deputies the alleged victim called her a racial slur and demanded she leave.

She said the alleged victim swung at her twice, missing both times, and in self-defense she picked up a bottle of Jameson Whiskey and threw it in his direction. She said she did not mean to hit him, but the bottle connected with his head, causing a laceration described as between one and two inches long. It ended up requiring five staples and he was diagnosed with a concussion.

Had Highberg’s client been convicted, the alleged victim could have asked to be reimbursed the cost of his medical bills.

At trial, Highberg’s client gave the jury her version of the evening. The alleged victim said he didn’t have any memory of the night. His wife was called by a Clark County deputy prosecutor to testify, but she wasn’t in the room when the client threw the bottle so she could not give the jury specifics as to what happened.

The six-person jury deliberated about 20 minutes before reaching the verdict. Afterward, one juror approached the bench and asked Judge Chad Sleight if he could ask a question. Yes, the judge said.

“Why did this even go to trial?”

Tags: criminal law, not guilty, assault, Clark County

Jeffrey D. Barrar, P.S.: Vancouver Defenders Jeffrey D. Barrar, P.S.
Vancouver Defenders