Assault on uncle earns Charles City man guilty convictions

A Charles City man who assaulted his uncle during an Aug. 30 domestic dispute will serve a period of time incarcerated.

Eric Karl Allen, 51, of the 4400 block of Old Union Road, was convicted on one count each of malicious wounding and misdemeanor possession of marijuana during a Dec. 5 contested trial in Charles City Circuit Court.

Last summer, 74-year-old Joseph Allen was asked by his nephew’s wife to pick up his stepdaughters after she received a call from the eldest. Returning from New Kent, Joseph Allen swung by and picked up the girls, carrying them to his house next door.

Realizing the girls were gone and seeing his uncle’s car had just left the yard, Eric Allen walked across the yard to question his uncle why the girls were at his place. After not receiving an answer, both men got into a physical confrontation, with Eric Allen striking his uncle with a small, metal table rendering him unconscious.

Testimony from the 16-year-old eldest daughter detailed events of the day that ultimately led up to the attack.

“My mother and Mr. Eric got in the argument that morning,” she said. “He left the house and later returned.

“I saw his eyes were really red and he smelled like alcohol,” continued the teenager. “I called my mother because I don’t like it when he is like that.”

Joseph Allen complied with the request, picking up the three girls and driving them a short distance. After exiting the car, the two men began an argument that escalated to punches.

“I was trying to get my sisters in the house,” said the eldest daughter. “After I saw them inside, I turned around and saw Pops [Joseph Allen] lying on the ground. I told my sisters to run next door and that’s when Mr. Eric walked towards me.”

The eldest daughter escaped after the confrontation, calling 911 from a cell phone. When deputies arrived, they found Joseph Allen in a daze, while Eric Allen was back at his home, sitting on his porch.

Testimony from both deputies who responded said both men sustained injuries, but it was apparent the elder Allen had been struck with a heavy object. After receiving information from both the victim and defendant, deputies arrested Eric Allen. Upon searching him, a small bag of marijuana was located in his pocket, triggering the misdemeanor charge.

Joseph Allen testified, recalling the physical altercation with his nephew.

“Eric came over to my house and questioned what I was doing and he threatened me,” said the victim. “That’s when I was punched, and I punched him back.

“I looked away for a moment to make sure the girls were in the house,” Joseph Allen continued. “When I turned back around, I saw him with my small table that was on the porch. I was hit once and then hit again, but I don’t remember anything after that.”

Photos of the injuries revealed gashes and lumps on the victim’s head. As a result of the attack, he received staples to close a wound on the back of his head and currently is unable to use his left arm.

Eric Allen took the witness stand, speaking on his version of events that occurred that day.

“I got up from my bed and saw my uncle’s car pulling from the yard,” the defendant said. “I didn’t think it was much at first, but then it became quiet in the house. That’s when I realized my stepdaughters were gone.”

Allen’s testimony continued, where he admitted he punched his uncle, but only after his uncle hit him first.

“He struck me with an alternator or something like that,” the defendant continued. “It was something big because he had to use two hands to hold it.”

After listening to the two different versions of the incident, Judge Thomas B. Hoover reflected on facts of the case as he made his ruling.

“You have to look at this and ask yourself what makes sense,” the judge said. “I look at the teenage girl and ask myself ‘What is he [Eric Allen] doing to make the teenage girl call her mother?’

“I heard testimony from the defendant himself that he had been drinking,” Hoover continued, mentioning how Eric Allen admitting to drinking a 12-pack of beer and having two shots of liquor. “I observed the witnesses as they testified and it’s clear that Mr. Eric Allen became the aggressor.

“I don’t find it believable that a 74-year-old man could pick up an extremely heavy object and swing it with both hands to hit the defendant while the defendant just stands there and does not try to avoid it,” added Hoover. “I find the defendant guilty on both counts.”

Sentencing for Eric Allen is set for Mar. 20. He faces up to 20 years in prison on the malicious wounding charge and one year in jail on the possession of marijuana charge.