Witness testimony begins at armed robbery, assault trial

·2 min read

Sep. 21—LIMA — Witness testimony began in the trial of a man charged in an armed robbery and assault of another man in May.

Charles Marshall, 24, is charged with aggravated robbery, a first-degree felony, and felonious assault, a second-degree felony, for allegations that he used a gun to rob and assault 54-year-old Jay McMillen on May 14. Both charges have firearm specifications.

Aaron Henderson, 24, faces the same charges for his role in the incident, where he is accused of firing a gun next to McMillen's ear and assaulting and robbing him. His jury trial is scheduled to begin Nov. 29.

McMillen testified that he left his apartment the evening of May 13 after he had consumed about three drinks when he came across Marshall, whom he had met about a week prior, and Henderson. Marshall had called Henderson to bring McMillen some marijuana that day the prior week. On May 13, McMillen, Marshall and Henderson walked around Lima toward the Coca-Cola Plant on North Shore Drive.

McMillen said he often took walks around Lima to strengthen his lungs. During the course of the walk, McMillen said he noticed they had gone away from populated areas. They eventually got near the Coca-Cola Plant, where he said Henderson pulled a gun on him.

McMillen said he told Henderson to "just shoot me," and Henderson fired the gun next to his ear. McMillen said he next remembers waking up in a hospital in Dayton with a head wound and tubes coming out from near his ribs because his lungs had collapsed.

McMillen said about $100 was taken from him, as well as his shoulder bag that was later located by police.

McMillen moved from Lima to Columbus shortly after the incident "because of what happened; it scared the living crap out of me."

Asssistant Allen County Prosecutor Josh Carp played for the jury a 911 call the Coca-Cola Plant employee who discovered McMillen made. In the call, the employee tells Lima Police Department Communications Operator Kimberly Holman that two males had robbed and assaulted McMillen, who was bleeding very badly from the head.

The men had fled from the scene, and according to testimony from Patrol Officer Samuel Kerber, Marshall was easily apprehended. Marshall had been ordered by another officer to lay on the sidewalk while he pursued Henderson, to which Marshall complied.

McMillen's bag with mail addressed to him inside, some money, a lighter and a gun were recovered in the path Henderson took to flee the scene before he was found and arrested.

More witnessses will testify at the continuation of the trial at 8:30 a.m. Thursday.