Attorney: Facial fractures not substantial harm
Defense attorney for Charles L. Hubbard, the man arrested for allegedly causing fractures to his pregnant girlfriend’s face, filed a motion earlier this month to dismiss the felony charge against his client stating that facial fractures do not constitute substantial bodily harm under the law.
Hubbard, 31, was taken into custody Oct. 7. During a preliminary hearing on the case the 22-year-old victim testified that on the evening of Oct. 6, an argument began over a long-distance telephone call made by Hubbard to his mother. When the victim asked Hubbard to have his mother call him back he immediately turned and hit her with his fist, she said. Hubbard then allegedly struck the victim again, causing her to lose consciousness. The victim was three months pregnant with Hubbard’s child at the time of the incident.
Dr. Brian Romaneschi, a certified head and neck and facial reconstructive/plastic surgeon, testified at the hearing that the victim was treated for multiple facial fractures that required three titanium plates to be surgically secured into the bones on the right side of her face. Romaneschi told the court that the victim’s face will never be completely the same again and that besides the scars from the surgery, she could have drooping of her right eyelid and decreased sensation in her right cheek.
Under Nevada law substantial bodily harm is defined as: bodily harm which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ; or prolonged physical pain.
Hubbard’s attorney, Tod Young argued in the motion that facial fractures do not constitute an injury to a bodily member or organ as defined by law.
In a response to Young’s motion, Deputy District Attorney Alan Buttell stated, “The face is part of the head. The head is unquestionably a vital member, if not an organ, of the body. . . The disfigurement produced by the blow may be considered substantial bodily harm. The permanent loss of feeling in (the victim’s) face may be considered substantial bodily harm. The permanent introduction of metal plates and screws that will permanently place her at risk for infection.”
A hearing on Young’s motion is scheduled for 9 a.m. Tuesday in Douglas County’s District Court in Minden.
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