Man charged with felony malicious assault convicted of misdemeanor assault

But the jury apparently didn’t buy the testimony from the woman, who was fuzzy on facts from that evening (Dec. 18) and said she didn’t even see the knife until after she had been cut.

Defense attorney Jason Gain also was able to show that the woman’s testimony at trial about the knife was markedly different than what she had said during an earlier court hearing.

The friend, who was with the ex-girlfriend at the time of the alleged incident and is serving a federal prison term, also provided little help to Chief Assistant Prosecutor Susan Morris’s case.

The jury declined to convict Henning of malicious assault, unlawful assault and battery before settling on the guilty verdict of assault. Assault means the jury believes the woman was placed in fear by Henning (she said he had threatened her previously), but that the defendant didn’t touch her.

Henning could have faced 2 to 10 years in prison if he’d been convicted of malicious assault, so while not a total victory, the assault conviction was close to it (the maximum for assault is 6 months in jail).

Harrison Circuit Judge James A. Matish set sentencing for Aug. 14.

Partway into deliberations, the jury told Matish it couldn’t reach a unanimous verdict. But Matish said that wasn’t enough time for the case, which he termed serious. He then sent them back to deliberate further.

Henning currently is serving a state prison term for violating his parole on prior robbery and burglary convictions. He is projected to discharge that sentence in March.

In September, Henning is scheduled to be sentenced by U.S. District Judge Irene M. Keeley for unlawful possession of firearms. Henning had a stolen .45-caliber pistol in January, law enforcement has alleged.

Clarksburg Patrol Officer Tasha Cox investigated the case that was before Matish and the jury Monday.

Also:

— Cindy V. Allman, 24, of Idamay, serving life without possibility of parole for felony murder, has filed a challenge of her imprisonment.

Matish appointed Gain to serve as Allman’s counsel.

Allman’s pro se filing contends ineffective assistance from her prior lawyers, that her confessions were coerced (due to her low IQ), that her guilty plea was involuntary, that the sentence was more severe than expected, that she may not have been competent at the time of the crime and that there were irregularities in her arrest.

Allman previously lost an appeal with the state Supreme Court and had two prior sentencing reconsiderations rejected.

She and two codefendants got the same term of life without possibility of parole in the Oct. 25, 2009, slaying of Terry Kirby Lewis.

— Patrick Andrew Ware, 26, of Clarksburg, has waived his probable cause hearing before Harrison Chief Magistrate Frank DeMarco on a charge of fraudulent schemes.

Nutter Fort Patrol Officer James Robert McManus II has alleged Ware was siphoning money off customers’ debit cards while working at GoMart.

The total loss to customers was about $830, McManus has alleged.