A motion to reduce the bond amount for a man accused of assaulting a 68-year-old man in Bartow County earlier this year was denied in Bartow Superior Court Tuesday.
Joseph David Marshall, of Cartersville, was arrested Feb. 7 and charged with two counts of aggravated assault and one count of battery against a person who is 65 years or older.
“His bond was set at $14,500,” said public defender Kelley Dial. “He’s been unable to make that and we have filed a request for a preliminary hearing, but that’s not been sat down.”
Continuing, Dial said the defendant is in his late 30s and that those offenses represent his only Georgia Crime Information Center (GCIC) cycle.
"In Ohio, he has a theft conviction from 2012,” said Cherokee Judicial Circuit Assistant District Attorney Elizabeth York. “A concern for the State is that he has convictions out of Colorado from 2018 for giving false information to a pawn broker and it looks like a violation of a bond condition … so he would be on probation, at least, from my records.”
York said the defendant was visiting his mother at the time of the alleged crimes in Bartow.
“According to the statements of the witnesses and the victim, they had gotten into an argument that had escalated over who took better care of the wife and mother in this situation,” she said. “The defendant struck the victim, his stepfather, who fell to the ground, where he then began hitting him and kicking him ... the victim had broken fractures in his nose.”
After that, York said the victim attempted to leave the house — only for the defendant to allegedly follow him outside, pointing a rifle at him.
“The victim had knocked it aside and he got in his car and drove to the police department and the police department called EMS to come look at him and he was transported to the hospital,” York said. “The defendant gave multiple stories in regards to how this had actually occurred ... but did admit that he had struck the victim at least once in the face with his fist.”
York said the case is not yet indicted, although she did say the district attorney’s office received medical records pertaining to the case late last week.
“I think [the bond amount] is perfectly set at this point,” she said. “In fact, I wish it were a little higher.”
Cherokee Judicial Circuit Judge Suzanne H. Smith said she concurred with the State's objections.
“Actually, based upon the injuries that are stated,” she said, “that is more than reasonable bond.”