XENIA — A motion has been filed to dismiss the case for a Kentucky man accused of assaulting a peace officer.
A re-trial by jury for Vincent Lyday, 27, was originally slated to begin March 27.
According to Greene County Common Pleas Court records, the Greene County prosecutor’s office asked the court March 24 to dismiss the case with prejudice at the request of the Beavercreek Police Department.
Dismissing a case with prejudice means the case is dismissed permanently, and cannot be brought back to court at a later date.
ORIGINAL REPORT, March 24:
XENIA — A Kentucky man is being retried Monday, March 27 in Greene County Common Pleas Court for allegedly assaulting a peace officer in Beavercreek.
A jury could not reach a verdict after five hours in the Jan. 30 trial for Vincent Lyday. Judge Stephen Wolaver declared a mistrial.
Lyday, 27, was charged with assault, a fourth degree felony, after a regular traffic stop on the side of Interstate 675 turned into a physical altercation.
The events began around 10 p.m. on March 15, 2016 when Beavercreek Patrol Officer Tyler Fruhwirth pulled over Lyday for speeding.
According to testimony, Fruhwirth submitted Lyday to an O.V.I. checkpoint, which led to a fight. Fruhwirth testified that Lyday tried to tackle him into the guardrail, push him toward oncoming traffic, and reach for Fruhwirth’s Taser.
Evidence presented in the trial included cruiser videos of portions of the events and pictures of Fruhwirth’s injuries, which included scrapes and cuts on his wrist, hands and fingers. Fruhwirth also said he suffered a sprained knee and his watch was broken.
Defense attorney Andrew Schlueter argued that there was not enough evidence to show the defendant’s intent to harm the police officer.
Lyday took the stand, testifying that “things escalated” and “got out of hand” and that he did not push the officer into oncoming traffic. He said he was nervous to be alone with Fruhwirth on a dark highway.
Assistant Prosecutor Nicole Burke represents the state. The trial will begin at 8:30 a.m.
Reach Anna Bolton at 937-502-4498.