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Missouri Man jailed for nearly 3 years acquitted

Published: Saturday, November 29, 2008 1:14 AM CST
JOPLIN, Mo. (AP) - A homeless man who was in the Jasper County jail for nearly three years because he couldn't raise bail has been acquitted in an assault case.

A Jasper County jury deliberated for little more than an hour Tuesday before acquitting Curtis J. Downton, 50, of second-degree assault. Downton spent about two years and eight months in jail awaiting trial because he was unable to post a $3,500 bond.

Circuit Judge David Mouton ordered Downton released from custody after the two-day trial.

Downton was accused of attacking Steven Saunders, 46, at Saunders' home on March 3, 2006. During the trial, the two men gave substantially different accounts of what took place that night.

Saunders testified Monday that after the two men, who had been longtime friends, smoked crack cocaine at his home, Saunders asked Downton to leave and went to bed. He said he woke up later and found Downton in the living room drinking beer with another man and again asked Downton to leave.

He said he was awakened later by Downton, who was punching him in the head with a fist in which he held a knife. He said Downton returned to the bedroom one or two more times and hit him some more before ransacking his house and leaving with his cell phone.


But Downton testified that it was Saunders who attacked him with the knife after accusing Downton of taking some crack cocaine.

He said he drank beer that night, and it was Saunders who used the crack cocaine. The third man dropped in and drank some beer with them earlier in the evening at a time when Saunders was not in bed, Downton said.

Downton testified that they eventually left and dropped the third man off while Saunders picked up more cocaine. Downton said that when they returned to Saunders' home, he fell asleep and Saunders later woke him in a rage because he believed some crack was missing.

He said Saunders tore up the house looking for the crack and eventually came at him with a knife. The men fought and Downton left, he said.

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Information from: The Joplin Globe, http://www.joplinglobe.com



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