A Winona man has been bound over to the action of the Montgomery County Grand Jury for allegedly hitting another man in the head with a baseball bat while he was walking home.
JaCorey Topps, 21, is charged with aggravated assault for an incident that occurred over Labor Day weekend.
According to the testimony of Deandre Fleming, the alleged victim, Topps hit him in the back of the head unexpectedly. Fleming testified that around 3 a.m. on September 1, 2019, he was at a home near Sanders and Sanders Funeral Home getting an early start to his Labor Day.
“I was just talking to my homies, chilling,” he said.
He testified that Topps’ mother, Monica Topps, drove up to the home, didn’t get out of the vehicle, and left a short time later. He said he and Monica Topps had words prior to this incident happening.
Fleming said a woman at the party asked him if he wanted her to take him home, and he told her that he was going to walk home.
“I told I didn’t stay far, it would be alright,” he said.
Fleming testified as he neared the former Burger Shack building, Topps came up from behind.
“I turned around and as soon as I turned around, BOOM! He hit me,” Fleming told the court.
He said Topps hit him in the head and in the face. Fleming displayed visible marks to the court where he was struck with the bat.
“Do you know JaCorey?” City Prosecutor Putt Crull, Jr. asked Fleming.
“No sir, I never met him a day in my life,” Fleming said.
Fleming said a witness at the scene told him that when Monica Topps pulled up to the home, Topps was in the car with her. He said he was told later by someone who had struck him with the bat.
Fleming was transported to Tyler Holmes Memorial Hospital for treatment by ambulance.
Lancaster set Topps’ bond at $5,000.
Also in Winona City Court last Thursday, Lauren Courtney Brooks appeared in court after being charged with two counts of careless driving, driving while under the influence, and child endangerment.
Bond heard the case after Lancaster recused himself.
However, according to state law, anyone who blows a .08 or greater is over the legal limit to operate a vehicle.
Bond told Crull and Brooks he refused to prosecute anyone who blew .08.
He also dismissed the child endangerment charge because it was connected to the DUI charge, but Brooks pleaded guilty to the careless driving charges.
