BENTONVILLE — A jury found that a man’s actions were not self defense when he attacked and cut his then wife’s former husband with a utility knife.
Farris Merritt, 52, hugged family members Wednesday morning moments before jurors returned to the courtroom with the verdicts.
Merritt was charged with battery in the first degree, a Class B felony, and aggravated assault, a Class D felony. He was also found guilty of aggravated assault.
Merritt sat at a table with his attorney Patrick Lewis as Circuit Judge Robin Green read the verdicts.
The jury did not believe that Merritt’s actions were self defense when he cut his then wife’s former husband, Jeff Hatley, during the incident at Merritt’s Centerton home.
Hatley testified that he went on Oct. 3, 2013 to Merritt’s home to pick up his son to take him to a steak dinner. Merritt was married at the time to Hatley’s former wife.
Hatley told jurors that he called the home twice before arriving and he believed that Merritt hung up twice when he called to speak to his son. Hatley said he then contacted his former wife and she told him their son was at the house and he could pick him up.
Hatley arrived at the home and rang the door bell three times, and Merritt opened the door. Hatley testified that his hands were actually in his pocket when Merritt opened the door and attacked him.
Merritt was the aggressor in the incident, according to Hatley. He told jurors that he did not realize he had been cut during the initial attack.
Hatley was able to over power Merritt and take him to the ground. Merritt dropped the knife and fled back inside his house, Hatley said.
Police arrived at the scene and Merritt was arrested and taken into custody.
However, Merritt testified on his behalf and he described Hatley as the aggressor in the act. Merritt claimed that Hatley grabbed him first.
Merritt, who now lives in Georgia, claimed that his actions were self defense.
Merritt claimed the Hatley called his home and was upset after thinking that Merritt had hung the phone up on him. Merritt claimed that Hatley cursed him. Hatley denied using profanity at Merritt.
Hatley was also under the belief that Merritt had hung the telephone up on him. However, neither man realized that something was actually wrong with Merritt’s telephone.
Merritt testified that he has had prior strokes and it takes him a few minutes gather his thoughts, so he did not call the police even though Merritt said he feared Hatley.
“It was either fight or flight,” Merritt said while being cross examined by Sam Martin, deputy prosecutor.
Merritt, who is an attorney, told jurors that Hatley had actually committed terroristic threatening and Merritt was the innocent person.
The jury also watched a recording of the incident that was captured by a surveillance camera.
Hatley told jurors during the sentencing phase that the attack left him with a permanent scar to his face, but Hatley said he was more concerned about the impact on his son who witnessed the attack.
Merritt could be sentenced up to six years in prison on each of the counts.
Martin asked jurors to sentence Merritt to 12 years in prison for his actions.
Lewis urged the jurors to give leniency to his client.
Jurors were deliberating the sentence Wednesday morning.