Judge Spain guilty of assault in fight with mayor

Anniston, Al.

 A judge has found City Councilman John Spain guilty of assault and fined him $500 plus court costs in a case that stemmed from a City Hall fight.

Spain

Calhoun County District Judge Beth Rogers also sentenced Spain to 188 days in jail, but suspended that sentence as long as he complies with the rest of her sentencing order. Spain will serve one year on probation.

Spain plans to appeal the ruling, according to his attorney, Gene Rutledge.

The third-degree assault charge stems from an argument between Spain and Mayor Gene Robinson at a Sept. 13 council meeting.

Spain and Mayor Gene Robinson left the council chambers during that meeting and went into another room, where Robinson alleges Spain assaulted him. Spain was arrested a short time later, charged and released on bond. In a lawsuit filed last month, Spain claims the mayor also hit him and has “constantly harassed and attempted to intimidate” him since at least October 2009.

At a hearing Oct. 7, two police officers testified to seeing Spain and Robinson emerge that night from the back room they’d entered, with Spain’s hands around Robinson’s neck. Robinson testified that Spain had choked him.

At today's ruling, Robinson also requested a hearing to allow him to recover the cost of out-of-pocket medical expenses he said he had to pay after the altercation. He declined to discuss those expenses with a reporter.

Spain could have faced a sentence of up to one year in jail, and a fine of no more than $6,000, according to state law.