Obese man’s appeal denied in assault case

BOISE – An appeals court has upheld the aggravated assault conviction of a 610-pound man who said the victim’s injuries were at least partly the result of his weight, rather than an intent to cause harm.

The appeal on behalf of Patrick Macias of Post Falls claimed that 1st District Judge John P. Luster should have told jurors “an act is not criminal it if was the result of misfortune or accident,” but that argument was rejected last Wednesday by the Idaho Court of Appeals.

Macias was convicted in 2004 after a trial in which Wendell Holder Jr. testified that he was drinking a long-neck bottle of beer when Macias tapped on his shoulder.

“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 Holder had called Macias fat and other derogatory terms that night, but other witnesses said Holder did nothing to provoke Macias.

Macias said he heard Holder calling him names and later, out of the corner of his eye, saw an upraised beer bottle and put up his arm in defense because he thought he was about to be hit. He said he felt only a slight bump and didn’t know at first that the smaller man was hurt.

Holder, who lost his four front teeth, testified that he could no longer eat corn on the cob, popcorn or candy and had lost his ability to whistle – a problem because he trains dogs.