Suspect accused of assault outside Portsmouth nightspot rejects plea, opts for trialBy JAMES A. KIMBLE
Union Leader Correspondent
July 09. 2013 2:26PM
BRENTWOOD – A Portsmouth man charged with first-degree assault for allegedly kicking another man in the head outside of the now-defunct Page Restaurant last July has rejected a plea offer by county prosecutors and will go on trial in September, according to court documents.
Josiah Mayo, 25, is set to go on trial the week of Sept. 30 in Rockingham County Superior Court on charges of first- and second-degree assault.
Mayo is accused of getting into a fight with the victim around 1 a.m. last July 15, and fracturing the man's skull. The victim, Zachary Green, was found unconscious with a fractured skull, according to prosecutors.
The trial date was set by a judge after prosecutors offered to recommend a 3½ to 7 year state prison sentence for Mayo in exchange for a guilty plea, according to court records.
Prosecutors submitted a witness list last Monday with 21 people who could be potentially called for Mayo's trial.
He faces up to 7½ to 15 years in prison if convicted of first-degree assault.
Mayo, who is being held at Rockingham County jail, was arrested in September by Portsmouth police. He was being held in Maine on a probation violation at the time of his arrest.
Police say that Mayo and Green left The Page Restaurant and met in the Vaughan Mall before the confrontation.
Witnesses told police that they saw a black male with curly hair and a black shirt punch and kick Green.
He was transported to Portsmouth Regional Hospital and put in the intensive care unit for treatment.
The Page closed its doors permanently on June 21 in the wake of another assault inside the restaurant earlier this year that led to the death of 24-year-old Joshua Krantz of Dover.
Owners of the downtown nightspot closed the business as part of a settlement reached with the City of Portsmouth to settle a request to terminate the bar's liquor license.
Portsmouth police said last Monday that Krantz died April 6 at his Dover apartment of a fractured skull, hours after he was allegedly attacked by Zachary O'Neill. The cause of death was ruled a homicide by the state Medical Examiner’s Office.
O'Neill is being held at a local county jail on a first-degree assault charge, awaiting possible indictment by a grand jury.
County prosecutors obtained two criminal indictments against the LLC associated with The Page, New Adventure Entertainment, for allegedly serving alcohol to patrons in a restricted area on the night O'Neill allegedly attacked Krantz.
A lawyer representing the business briefly met with prosecutors and a judge on Tuesday morning for a structuring conference in that case.