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The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Man acquitted of worker’s assault

From Staff Reports The Spokesman-Review

Stevens County jurors acquitted a Colville businessman who was tried this week on an assault charge involving an employee who remains in a coma more than six months after the defendant struck him.

A Superior Court jury took about 45 minutes Wednesday, after two days of testimony, to acquit 51-year-old Gerald Alymer Tinkess of second-degree assault in the Aug. 14 injury of dump truck driver Bennie Walter Schoenwald, who has since turned 60.

Tinkess told jurors he struck Schoenwald when Schoenwald shoved him. Defense attorney Carl Oreskovich successfully argued that Tinkess acted in self-defense.

With Schoenwald unable to testify, Chief Deputy Prosecutor John Troberg attempted to show that Tinkess – who had a 105-pound advantage over Schoenwald – deliberately beat Schoenwald senseless.

Troberg presented testimony from sheriff’s officers who said Tinkess gave inconsistent accounts of the incident.

Sheriff’s Capt. Mike George said Tinkess first claimed he grappled with Schoenwald and landed on top of him when they fell to the concrete driveway. Tinkess said he hit Schoenwald “several more times while he was down,” according to George.

Troberg also played a 911 tape in which Tinkess called for help and told a dispatcher he had struck Schoenwald more than once. Court documents say Schoenwald went to Tinkess’ home to discuss a dispute over Schoenwald’s pay, and the men argued in Tinkess’ driveway.