Man can’t pin assault on size

A 610-pound man trying to get his 2003 conviction for aggravated assault overturned on grounds his weight was at least partially to blame for the extent of the victim’s injuries has lost an appeal.

The Idaho Court of Appeals has upheld the conviction of Patrick Macias, of Post Falls, rejecting his contention that 1st District Judge John P. Luster erred in failing to instruct jurors that “an act is not criminal it if was the result of misfortune or accident.” The decision was issued Wednesday.

Macias claims the injuries suffered by Wendell Holder Jr., which included the loss of four front teeth when he was smashed in the mouth with a beer bottle, were the result of an accident.

Holder said that he was drinking a longneck bottle of Budweiser when Macias tapped on his shoulder, according to court records.

“I turned to see who tapped me and I got a beer bottle shoved down my throat,” Holder testified. “It sent two teeth down my throat.”

One witness said that Holder had called Macias fat as well as other names throughout the evening. Other witnesses said Holder did nothing to provoke Macias.

Macias said that he had heard Holder calling him names throughout the evening, and later, out of the corner of his eye, saw an upraised beer bottle and thought he was about to be hit, according to court documents. He said he put up his arm in defense, felt only a little bump and didn’t even know the other man was hurt.

After Holder lost his four front teeth, court documents said, there was a delay in making a prosthetic because the bone beneath was also broken.

During Macias’ trial, Holder testified that he could no longer eat corn on the cob, popcorn and candy. He also said he had lost his ability to whistle, which was a problem because he trains dogs.