Jury deliberations are expected today
A Casper man charged with biting off part of another man's ear during a July bar fight told police he'd need a calculator to count the times he was struck during the scrum.
Jason Phillip, on trial in Natrona County District Court on an aggravated assault charge, testified Tuesday he acted in self defense after several people hit and kicked him.
"I just wanted to get away," he said.
Phillip's testimony differed considerably from that of Benjamin Ledford, the man who lost part of his left ear in the fight. Ledford took the stand Monday, soon after the trial began.
Each man painted the other as the aggressor in the incident, which took place at Galloway's bar in Casper early in the morning of July 18.
No one disputes Phillip bit off about a third of Ledford's ear, which doctors were unable to reattach. The trial has focused on whether the act was an assault or self defense.
Phillip, 34, said the incident began with a conversation between himself, Ledford and some of Ledford's friends. They talked about New York, where Phillip is from, and his goal in life to become a millionaire.
The situation began to escalate when someone insulted Phillip over his choice of music, he told jurors. The discussion grew even more heated when the talk turned to Phillip's clothing and jewelry.
"This is where it started to explode," he said.
Phillip and Ledford traded insults over each other's clothing, including Ledford's Buffalo Bills jersey.
At some point, bar manager Matt Galloway appeared to make sure that situation didn't get out of hand. He also offered to buy Phillip a drink.
Phillip turned it down and said he was starting to leave when Ledford punched him in the head.
In his testimony, Ledford didn't dispute throwing the first punch, but he said Phillip was moving aggressively toward him at the time.
The two men gave conflicting versions of what happened next. Phillip recalled falling from the force of the punch and Ledford jumping on top of him Ledford said he and Phillip grabbed each other standing up, then fell over together.
Once they hit the ground, Phillip said he was punched and kicked by Ledford and other bar patrons. He claimed he bit Ledford's ear to stop the attack.
"I feel like I was the victim," he said.
During cross examination, Assistant District Attorney Dan Itzen sought to point out inconsistencies with Phillip's testimony. The defendant had told jurors he owned expensive jewelry and made $125,000 annually working for a drilling company.
Itzen produced a document, filled out by Phillip, that suggested he earned far less and only owned $100 worth of jewelry.
The prosecutor also questioned why Phillip, if he was the victim of a brutal attack, didn't call police afterward.
The trial resumes this morning with closing arguments, followed by jury deliberations. Phillip could face up to 10 years in prison if convicted.
Reach crime reporter Joshua Wolfson at (307) 266-0582 or at josh.wolfson@trib.com.
Posted in Local on Tuesday, November 18, 2008 12:00 am
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