Joshua Thurman did not try to kill his former girlfriend with a box cutter in January at their Hubley Township residence, but did assault her with a deadly weapon, a Schuylkill County jury ruled Wednesday.
Thurman, 25, of Spring Glen, did not react as the jury of nine men and three women convicted him of two counts each of aggravated assault and simple assault and one each of recklessly endangering another person and possession of drug paraphernalia, while acquitting him of charges of attempted homicide and terroristic threats.
Jurors, who deliberated about two hours before reaching their verdict, also ruled that the box cutter with which Thurman assaulted Natalie Barr was a deadly weapon.
"It was great that the jury recognized the outrageously violent act of the defendant when he used the deadly weapon on the victim," First Assistant District Attorney William C. Reiley said after the verdict.
Judge Jacqueline L. Russell, who presided over the two-day trial, ordered preparation of a presentence investigation but did not immediately set a date for Thurman's sentencing. She did not change Thurman's $250,000 straight cash bail, and the defendant returned to prison to await sentencing.
State police at Schuylkill haven had charged Thurman with cutting Barr's throat and punching her between 9:50 p.m. and 10:50 p.m. Jan. 18 on the front porch of the apartment building where they lived.
Earlier Wednesday, Thurman had testified he did not remember much of what had occurred and is not the kind of person who would assault someone.
"I didn't understand why the ambulance was there ... and why she was brought out on the stretcher," he said. "I never even saw the box cutter."
"So you don't remember cutting Natalie with a box cutter?" Assistant Public Defender Lora J. McDonald, Thurman's lawyer, asked him.
"No," he answered.
However, when cross-examined by Reiley, Thurman did not deny assaulting Barr.
"I do remember hitting her. I don't remember cutting her," he testified.
In her closing argument, McDonald called the case sad and tragic, but emphasized that if Thurman really wanted to kill Barr, he would have done so, and he did not try to make up a story to help himself.
"He is remorseful for what he remembers he did," she said.
Reiley said in his closing argument that Thurman's lack of memories of the event did not constitute a defense.
"Ladies and gentlemen, this is outrageous," he said. "Just because he fails to remember things doesn't mean they didn't happen. Mr. Thurman has no right ... to use violence."
Thurman used the box cutter as a deadly weapon, and seriously injured Barr with that and his fists, Reiley said.
"He's punching her when she's down. He had a mission," Reiley said. "He made the decision and acted on it."
McDonald declined to comment on the case after the verdict.
Reiley said the jury's finding that the box cutter was a deadly weapon was bad news for Thurman.
"Because of the number of charges of which he was found guilty, he will certainly be looking at a multiple-year state sentence, which will be enhanced due to the jury determining that a deadly weapon, the box cutter, was used," he said. "This was truly domestic violence, an unfortunately true example of real domestic violence which could have ended up much worse." Joshua Thurman
Age: 25
Residence: Spring Glen
Verdict: Guilty of two counts each of aggravated assault and simple assault and one each of recklessly endangering another person and possession of drug paraphernalia, not guilty of attempted homicide and terroristic threats