Jury acquits Dayton man accused of throwing boy against wall, cutting his hand

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF FILE

Credit: JIM NOELKER

Credit: JIM NOELKER

Montgomery County Common Pleas Courtroom. JIM NOELKER/STAFF FILE

A jury acquitted a Dayton man on Wednesday who had been accused of throwing an 8-year-old boy against a wall and then cutting his hand with a knife.

Marcus Gills was found not guilty in Montgomery County Common Pleas Court of one count of felonious assault after his first trial ended in mistrial.

Judge Susan Solle declared a mistrial on July 25 on the second day of his first trial.

“During examination of state’s witness, it became apparent discovery had not been disclosed,” the judge wrote in her mistrial order.

Discovery is the formal process of exchanging information about the witnesses and evidence the prosecution and defense will present to ensure a fair trial, according to the American Bar Association.

Dayton police responded Feb. 25 to an apartment in the 4100 block of East Fourth Street after a woman said that Gillis assaulted her son with a knife and fled, according to an affidavit filed in Dayton Municipal Court.

The boy had a cut on his left hand between his thumb and index finger, for which he received stitches at Dayton Children’s Hospital.

The 8-year-old boy told police that Gillis cut his hand with a knife after throwing him against a wall and threatening to cut him, the affidavit stated.

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