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In General District Court this week, Judge William Carson found Herbert Otis not guilty of the assault and battery charge filed against him by Greg Robertson.
Mr. Robertson had contracted with Mr. Otis last June to build a house for him in Rappahannock County,
Mr. Robertson testified that Mr. Otis grabbed him “by the throat” and pushed him over some stairs, following a dispute that occurred on the porch of the newly built house. Mr. Robertson also testified that his glasses had been broken during the scuffle and that he sustained a cut on his face.
The dispute, according to Mr. Robertson, concerned his displeasure with the pace at which construction of the house was proceeding.
Mr. Otis testified that Mr. Robertson had followed him into the house after the altercation on the porch. Mr. Otis said Mr. Robertson then threw down his briefcase and rushed toward him with his glasses off while Mr. Otis was standing 10 or 11 feet away in a comer of the room.
Mr. Otis said that Mr. Robertson had fallen on top of him and that an employee of his, Daniel Wilson, had pulled Mr. Robertson off.
In response to Judge Carson’s ' question about the nature of the scuffle, Mr. Otis said, “It was just a bear hug. We just wrestled. It was all over in 15 seconds. ”
The two witnesses present during the incident also presented testimony that supported Mr. Otis’ claim of innocence of the assault and battery charge.
Judge Carson concluded that the weight of the evidence was that Mr. Robertson started the ruckus. “In order for me to find the defendant guilty of assault and battery, I must accept the testimony of Mr. Robertson in its entirety and exclude the testimony of the other three witnesses. The evidence that is before this court is in conflict with the testimony presented by Mr. Robertson. That evidence indicates that Mr. Robertson was in fact approaching
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