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Man sentenced in Legion hall beating

By Philip Franchine
Published: Thursday, March 26, 2009 1:54 PM MST


The Sahuarita Sun

An Arivaca man was fined $946 and sentenced to six years of supervised probation Tuesday on charges stemming from a fight last summer at an American Legion hall.

Joseph Melnick Jr., 54, was found guilty on an assault and disorderly conduct charges after he beat a man with a bar stool at the hall in Sahuarita.

Melnick represented himself at his trial in Sahuarita Municipal Court on Feb. 19 and later asked for a retrial under Rule 24, which governs criminal procedure because he arrived late and missed some of the testimony by the victim. The motion was denied because it was not made within 10 days of the verdict, as required.

The judge and prosecutor were contacted by a social service agency official who suggested Melnick was not competent to represent himself. The prosecutor argued that he was competent, noting that Melnick was able to file the Rule 24 motion, and the judge moved ahead with sentencing.

Melnick must not possess or consume alcohol while on probation and was ordered to enroll within a week with Southwest Intervention Services, a probation contractor. He will have to pay for his probation services. Melnick also was ordered to undergo anger management counseling and drug evaluation and any recommended treatment.


Melnick had a previous battery conviction in Maryland in 1986 and an assault conviction in Nogales in 2004, and also has faced criminal charges in Tucson Municipal and Green Valley Justice courts. He is due in Sahuarita Municipal Court on May 18 for a status hearing.

pfranchine@sahuaritasun.com | 547-9738



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