News and Tribune

Clark County

January 29, 2013

Police: Man beaten with two-by-four

(Continued)

CLARK COUNTY —

A pretrial conference hearing has been set for March 25.

A habitual offender charge can only be issued if an offender has been convicted of two unrelated, previous felony charges. The Office of the Clark County Prosecutor based the habitual offender charge Arnold now faces on the following convictions:

• In June 2003, he was found guilty of receiving stolen property and criminal confinement;

• In August 2006, Arnold was convicted of theft; 

• In February 2012 he was convicted of resisting law enforcement.

The convictions do not encompass Arnold’s criminal history.

He has a pending case in Floyd County Superior Court No. 2 on two A misdemeanor charges of battery resulting in bodily injury for an incident that occurred in October 2012.  The charged was issued after New Albany police were called to a home in reference to a battery.

When officers arrived, they were met by a male relative of Arnold who was found with swollen checks and eyes, a bloody nose and blood coming from his mouth, according to police records.

The man told police that, “Damon Arnold had been drinking and wanted to wrestle,” according to the probable cause affidavit and that Arnold had jumped on him and grabbed at his private area.

The man told Arnold to get off of him, but Arnold persisted and a fight escalated. 

He told police Arnold struck him in the face about a dozen times.

A pretrial conference on the two battery charges is scheduled Feb. 1.

Arnold was convicted February 2012 in a Floyd County court for an incident that occurred February 2011.

Arnold was charged with resisting law enforcement, a class D felony, operating a vehicle while intoxicated — endangering a person, a class A misdemeanor, and operating a vehicle while intoxicated, a class C misdemeanor.

He plead guilty to the first two charges and the class C misdemeanor was dismissed.

The charges resulted in two 180-day jail sentences.

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