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Friday, May 6, 2016

Trespassing incident lands man in hospital

Wednesday, June 29, 2011

A Cave City man was hospitalized with serious injuries as a result of a beating he took for trying to make trespassers leave his property.

According to an affidavit for arrest obtained from the Sharp County Sheriff's Department, Samuel Luke Malloy, 20, of Mount Pleasant, was arrested on a charge of second degree battery, a Class D felony.

Sharp County Sheriff Mark Counts took a report on June 8 from a woman who advised him her father, Larry Wilson, had been beaten at his residence after attempting to make trespassers on a four wheeler leave his property.

Wilson's wife, Theresa, took him to White River Medical Center to be treated for his injuries.

Counts traveled to the hospital, where Wilson's wife told him her husband had gone out of their home around 8 p.m., when two men and a woman arrived at a creek on their property. Wilson said after about 10 minutes, she went outside and heard the woman yelling, "Quit." She then discovered her husband in the creek, bleeding. The perpetrators had allegedly left on the four wheelers.

At the hospital, Counts said he tried to also speak with Larry, but due to his pain, he could only give the sheriff a description of the people who assaulted him.

The next day, Counts and Chief Deputy David Huffmaster visited the Wilson home to collect evidence. They later met with the Wilsons regarding possible suspects.

Wilson stated he heard four wheelers in the creek across the road from his house and went to investigate. Wilson said he repeatedly asked the suspects to leave and, said he was then challenged by one of the suspects. At this point, Wilson stated he grabbed a stick and struck one of the young men in the head. The young man then struck him back and then the second suspect also started beating Wilson.

On June 9, in an attempt to make an arrest, Counts and Deputy Jeff Adam met with a group at the Bayou on Peter Martin Hill, near Cave City. One of those interviewed told Counts two suspects, including Malloy and Corey Ferguson, who had been at the Bayou on a four wheeler with two others, talked about beating up an old man. Three of the juveniles interviewed filled out voluntary statements to their account of the incident.

On June 15, Counts and Huffmaster met with Ferguson and Malloy at the Sharp County Sheriff's Department. The two interviewed Malloy who told them that he, his girlfriend and another friend had gone to the creek on their four wheelers to go swimming, when an old man came down and told them to leave. Malloy told officers he told Wilson they were leaving, but Wilson told them to stay where they were, because he was coming down. Malloy said when Wilson came down to the creek, he slipped, and when he came up, he had a stick in his hand and proceeded to hit Ferguson in the face. Malloy said Ferguson punched Wilson a few times and then got back on the four wheeler. Wilson then allegedly asked Malloy if he "wanted any," at which time Malloy hit Wilson in the face and ribs several times, admitting to Counts that Wilson did not swing at him first. Malloy also admitted to Counts and Huffmaster that he had been drinking at the time of the incident.

A second interview was conducted with Ferguson, who corroborated with Malloy's story about going to the creek to go swimming. Ferguson's story differed from that of Malloy, in that he said Wilson came down to the creek yelling at the three to get off his property, but did not mention that Wilson fell in the creek prior to picking up a piece of wood and hitting Ferguson in the head. Ferguson told officials he then hit Wilson about three times with his fist and broke two bones in his hand, which was in a cast at the time of the interview. Ferguson was not charged in the incident.

Wilson received broken ribs and a burst eardrum, as well as having to spend two days in the hospital as a result of the incident.

Malloy was arrested June 21 and charged with second degree battery. His bond was set at $2,500, cash or professional.

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