An Arkansas man whose own attorney admits he kicked DeAndre Harris in the Market Street Garage August 12 filed two motions to exclude evidence of the brutal beating because he claimed the serious injuries to Harris happened before the kicks.
Jacob Goodwin, 23, of Ward, Arkansas, was arrested in November and charged with malicious wounding, a felony that carries up to 20 years in prison and a minimum five-year sentence.
His attorney from Blairs, Elmer Woodard, spent most of the March 7 hearing showing video to Judge Rick Moore to establish that assailants such as Tyler Davis, the 49-year-old Florida man arrested January 24, and others identified as “Salmon Shirt” and “White Helmet” were the ones who seriously injured Harris, and that Harris’ broken wrist and head gash that required staples happened before Goodwin came on the scene to deliver a few kicks to his stomach and legs.
Harris “attacked Mr. Goodwin and Mr. Goodwin defended himself,” said Woodard. He contended that a list of Harris’ injuries was “unbiased testimony from medical specialists,” and did not include any bruises on his stomach. “That’s not malicious wounding,” he said. “This shouldn’t come into evidence against him because it happened before he came in.”
Moore denied Woodard’s motion to exclude that evidence and said it would be up to a jury to determine whether Goodwin caused Harris’ injuries. “This is a melee. He’s clearly kicked by your client multiple times,” said Moore. “I can’t find this evidence irrelevant.”
Prosecutor Nina Antony said the commonwealth is proceeding on a theory that the assault was “concert of action by a mob” that Goodwin was part of, even if Harris’ injuries were caused by others.
“You can’t say it’s concert of action” when it’s people defending themselves,” argued Woodard.
Moore denied Woodard’s motions “based on the videos I’ve seen,” he said. Goodwin is scheduled for a jury trial April 30.
Woodard is also defending other white supremacists arrested in August 12 weekend events, including Baltimore Confederate White Knights of the KKK imperial wizard Richard Preston, charged with firing a gun after an unlawful assembly was declared in Emancipation Park, and “Crying Nazi” Chris Cantwell.
Woodard also represents Unite the Right organizer Jason Kessler in his March 6 civil suit against the city for denying his August 12 anniversary permit.