The caption is "Gave a dude brain damage this shirt."
This afternoon his jury trial scheduled for May 13 was vacated.
Harner was knocked to the ground, lost consciousness and has medical bills.
As mentioned in the earlier post today, Marcelli entered a guilty plea to Count 1 as well as an additional count of Count 3 for PC 245 (a) (4).
Count 1 is assault by means of force likely to produce great bodily injury. Special allegation for Count 1 is that Marcelli "personally inflicted great bodily injury" on Gary Harner.
For Count 2, Marcelli was held to answer to driving with a suspended license but not as charged in the complaint.
The special allegation for Count 1 and Count 2 was dismissed.
The terms of the plea and deferred entry of judgement are that Marcelli stay away from the victim and he provide victim restitution. Marcelli was placed on three years misdemeanor probation.
If Marcelli successfully completes the terms of the DEJ, Count 1 will be dismissed as well as any request for Count 3.
If he violates the terms of the DEJ, he gets no jail time but felony probation. Sentencing is May 16 at 8:30.
I did a post on this morning's court proceedings and that post has links to all previous coverage.
Earlier post:
https://johnchiv.blogspot.com/2019/05/last-minute-plea-deal-offer-in-kody.html?m=1
Not the last we will see and here about this Born to Loser.
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