A man could be facing more than a decade behind bars for his reaction to an apparent love triangle involving his wife and a local man.
The Union County Grand Jury has indicted James A. Payne, 37, of 6169 Worthington Road, Westerville. Payne has been charged with one count each of aggravated burglary, assault and criminal damaging or endangering.
According to court documents, about 11:58 p.m., March 17, the Union County Sheriff’s Office received a 911 call from a home in the 26000 block of Yearsly Road. The caller said she had been asleep and woke to the sounds of Payne assaulting her boyfriend as they were arguing in the living room. She said her boyfriend had been receiving threatening text messages from the man and his wife prior to the incident.
Union County Prosecutor Dave Phillips said the victim and Payne’s wife had worked together in the past. He said Payne believed there had been an inappropriate relationship between the victim and his wife.
“Whether it was true or not, Mr. Payne certainly had that impression,” said Phillips.
According to court documents, Payne drove to Marysville and allegedly forced his way into the home and confronted the victim. As he left, Payne allegedly broke the windows of the victim’s car with a rock.
Law enforcement officials were given Payne’s description as well as a description of his vehicle. When deputies spotted him, he was pulled over without incident and his wife was in the car.
According to court documents, the victim was cut on the face, which eventually became swollen. Phillips said the man’s injuries, were not serious, but he did receive treatment at Memorial Hospital.
Phillips said it was the alleged assault that bumped the burglary charge.
“Because there is physical harm done during the commission of a burglary, it becomes an aggravated burglary and a first-degree felony,” Phillips said.
If convicted on all charges, Payne could face more than 10 and a half years in prison. He is set to be arraigned in Common Pleas Court on Sept. 5.
He was originally arraigned in Marysville Municipal Court. He waived his preliminary hearing. His wife posted more than $10,000 to free him, 10 percent of the $100,000 bond
The grand jury also indicted a pair of men for unrelated burglaries after they allegedly trespassed into stores and stole or attempted to steal merchandise.
The grand jury indicted Gauge Kurtis Robinette and Andrew Michael Danison, charging both men with burglary.
Phillips said that while the men were not together and the incidents were unrelated, the facts of the alleged crimes are similar.
Phillips explained that retail stores are private property, but there is an implied invitation for people to come in and shop. He said that stores can revoke that invitation for specific individuals if they have been caught stealing or attempting to steal or for a variety of other reasons.
“Basically the retailer tells that individual they are not welcome in this particular store or any of the retailer’s other stores and that is recorded in a database,” Phillips said.
The prosecutor explained that if the individual does come into any of the stores, it is trespassing because they are on private property and have been specifically not invited. He said because the store is occupied, the trespassing becomes burglary.
According to court documents, on July 4, Robinette allegedly trespassed into a business on Coleman’s Crossing Boulevard and stole DeWalt tools valued at about $538.
In addition to the burglary charge, Robinette, 26, of 992 Racine Ave., Columbus, was also charged with one count of petty theft. If convicted, Robinette could face more than eight years behind bars.
In addition to the burglary charge, Danison, 32, of 459 Henderson Ave., Newark, is also charged with one count of attempted petty theft. According to court documents, on July 20, Danison allegedly trespassed into a local store and attempted to steal merchandise valued at almost $730. If convicted on both charges, Danison could face more than eight years in prison.
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