GALVESTON, Texas — Despite a defendant’s claim of innocence on the stand, his incarcerated brother testified Tuesday they tossed concrete chunks inside an island bar frequented by gay patrons.
Lawrneil Henry Lewis, 19, is charged with two counts of aggravated assault with a deadly weapon with a hate-crime enhancement, stemming from a March 1, 2009, incident at Robert’s Lafitte bar, 2501 Ave. Q, in Galveston.
Lewis testified he had no part in the assault that left patron Marc Bosaw needing 12 staples to close a gaping head wound or the glancing blows that fractured patron James Nickelson’s jaw.
Lewis claims that after leaving a house near the seawall, he left his brother Lawrence Henry Lewis and Alejandro Sam Gray around 27th Street and headed to his father’s house.
"I was walking and heard footsteps behind me," Lawrneil Lewis testified in Susan Criss’ 212th District Court.
He testified he didn’t know why his brother and Gray were running, but he soon encountered a police officer.
"He just told me to put my hands on the car, put me in the car and drove back," Lawrneil Lewis testified.
Gray pleaded guilty in the case, but Criss overturned his 20-year sentence, saying there was evidence of some retardation that wasn’t presented before the plea hearing.
Although Lawrneil Lewis denied throwing concrete chunks inside the bar, his brother, who pleaded guilty and received a five-year prison sentence, testified otherwise.
The three picked up concrete and went to the bar but didn’t discuss what they would do with it, Lawrence Lewis testified.
"I opened the door," Lawrence Lewis testified. "I went in first. I just threw it and ran."
Prosecutor Jon Hall asked Lawrence Lewis what his brother did.
"He threw his in there and ran," Lawrence Lewis testified.
Witnesses testified the assailants yelled, "Let’s get some f-----s," although Lawrence Lewis denied he and his brother said a word to the patrons.
Nickelson testified he was struck by two chunks inside and when he ran outside he was hit a third time.
"They were screaming, ‘f-----g f----t as they were throwing the rocks," Nickelson testified.
Police officer Joshua Schirard testified he returned to the bar after detaining three men matching the clothing description broadcast by a dispatcher.
Nickelson couldn’t identify the faces of his attackers. One witness testified he saw three people enter the bar, a light-skinned, possibly Hispanic female and two younger, black men, who had large stones.
Defense attorney Samuel L. Milledge asked the jury of nine women and three men not to convict his client on speculation.
"That’s all we have here," Milledge said. "There’s no scientific evidence, no video, no DNA, and the only thing they’ve got that’s remotely clear is the testimony of a liar."
The jury is expected to begin deliberating today.
This story was brought to you thanks to khou.com’s partnership with The Galveston County Daily News.
