Lima man rejects plea deal; heading to trial in gun case


By J Swygart - jswygart@limanews.com



David Henry, 37, of Lima, on Monday rejected a deal from prosecutors and is heading to a June trial on charges of felonious assault, a second-degree felony that includes a three-year specification for the use of a firearm, and having a weapon under disability, a third-degree felony.

David Henry, 37, of Lima, on Monday rejected a deal from prosecutors and is heading to a June trial on charges of felonious assault, a second-degree felony that includes a three-year specification for the use of a firearm, and having a weapon under disability, a third-degree felony.


J Swygart | The Lima News

LIMA — A Lima man charged with felonious assault for allegedly pointing a handgun at several neighbors is headed for a June 7 jury trial after he rejected a plea offer from prosecutors.

David Henry, 37, was indicted by a grand jury in March on a second-degree felony charge of felonious assault that includes a three-year specification for the use of a firearm. He was also charged with having a weapon under disability, a felony of the third degree.

The plea deal had been offered to Henry several months ago, and Monday was the deadline for that offer to expire. Assistant Allen County Prosecuting Attorney Mariah Cunningham put the offer — which called for Henry to plead guilty to the felonious assault charge in exchange for the state’s dismissal of the three-year firearm specification and the weapon under disability charge — on the official record in court Monday.

Henry, through his attorney Thomas Lucente, rejected the deal.

According to court documents, officers from the Lima Police Department were dispatched on the afternoon of Jan. 30 to the 500 block of Ontario Street in reference to a fight involving a man with a gun.

Upon their arrival, officers spoke with Aaron Jennings, an alleged victim, who said his daughter and her friend were on a trampoline in the back yard when a man with tattoos began talking to them. Jennings said he went outside to confront the man.

The subject, later identified as Henry, told Jennings he was looking for his puppy, according to court documents. The two men then began to argue, and Jennings threatened Henry, who responded by threatening Jennings with his dog. While on separate sides of a fence, Jennings swung and hit Henry on the arm, and Henry left the area.

The father of the other girl, John Springer, walked to Henry’s residence at 519 Atlantic Ave. to confront Henry about talking to his daughter. Springer knocked on the door but did not receive an answer, according to reports.

While Springer was walking away from the residence, Henry exited the home and began to point a handgun at him and others. Court records show that Henry said they were going to die for knocking on his door.

Officers later talked to Henry, who reportedly gave a similar story as the victims but denied having a gun. He did give police consent to search his home, and a light blue handgun matching the earlier description was located inside the home.

Henry was at that time placed under arrest.

David Henry, 37, of Lima, on Monday rejected a deal from prosecutors and is heading to a June trial on charges of felonious assault, a second-degree felony that includes a three-year specification for the use of a firearm, and having a weapon under disability, a third-degree felony.
https://www.limaohio.com/wp-content/uploads/sites/54/2021/05/web1_David-Henry.jpgDavid Henry, 37, of Lima, on Monday rejected a deal from prosecutors and is heading to a June trial on charges of felonious assault, a second-degree felony that includes a three-year specification for the use of a firearm, and having a weapon under disability, a third-degree felony. J Swygart | The Lima News

By J Swygart

jswygart@limanews.com

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