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Portsmouth man draws prison term for assault outside of The Page Restaurant
Josiah Mayo, 26, appears Tuesday in Rockingham County Superior Court where he was sentenced 7-1/2 to 15 years for an assault outside of The Page Restaurant. (JAMES A. KIMBLE PHOTO)
Mayo had lashed out at Green after remarks were exchanged between his friends and other bar patrons, according to prosecutors.
Green suffered a skull fracture and intracranial bleeding and spent three days in the Intensive Care Unit of a local hospital. He has since lost sense of taste and smell, experiences memory issues and post-traumatic stress, prosecutors said on Tuesday.
Judge N. William Delker called Green's injuries "tragic" because he was simply trying to defuse an emotionally charged situation involving his friends when he was attacked.
Mayo apologized to Green, who sat in the front row of the court gallery on Tuesday. Mayo maintained he was only looking to defend a cousin he believed was being assaulted by a group of people.
That apology soon came under attack by Conway, saying two witnesses who had no stake in the trial contradicted Mayo's self-defense claim.
Conway said a video seen by the jury corroborated those witness statements.
Conway also argued that Mayo's criminal record, dating back to 2005, showed a long history of violent behavior. Mayo previously served state prison time for a 2005 incident where he put a gun to another person's head and threatened to kill him. He pistol whipped the man, and was later convicted of second-degree assault, receiving stolen property and criminal threatening, according to Conway.
The victim in the Maine case was repeatedly punched in the head and kicked, and suffered from a torn tear duct and fractures to his eye socket.
Mayo will be allowed to petition to have 2½ years suspended from his prison term if he can remain on good behavior for five years and complete all court-ordered treatment and counseling.
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