Tuesday, May 25, 1999
Witness: Fight ended in death
'Hit pavement hard and didn't get back up'
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — Ernie Gross lost his life while trying to break up a fight outside a bar here, a witness testified Monday.
Andrew Phillip Sutton punched Mr. Gross in the face twice, and Mr. Gross fell backward, striking his head on the street, Misty McIntosh said.
“He hit the pavement hard and didn't get back up,” she said at a preliminary hearing in Hamilton Municipal Court. “I saw a lot of blood.”
Mr. Sutton, charged with murder and felonious assault, was bound over to a Butler County grand jury Monday by Judge John Rosmarin. He is being held in Butler County Jail without bail.
Mr. Gross, 55, the owner of Ernie's Variety Store on Erie Highway in Hamilton, died of a fractured skull, Hamilton Prosecutor Sam Borst said.
Mr. Sutton's felonious assault charge stems from an alleged attack against a friend of Mr. Gross', Daryl Robbins. Mr. Sutton's friend, James Earl McIntosh, 21, also is charged with felonious assault.
The incident occurred May 15 in front of Barney's Bar at Benninghofen and Fairview avenues.
Ms. McIntosh said Mr. McIntosh, her cousin, decided that Mr. Robbins, 55, who escorted her into the bar, was too old for her.
She said Mr. McIntosh wanted her to leave with him, but she refused.
She said Mr. McIntosh followed her and Mr. Robbins out of the bar and started arguing with Mr. Robbins. They cursed each other, and then began fist-fighting, she said.
“Ernie went over to break it up,” Ms. McIntosh said. “I saw Andrew hit Ernie in the face twice. Ernie went down.”
She said she thought Mr. Sutton may have kicked Mr. Gross as he lay in the street.
Mr. Sutton and Mr. McIntosh kicked Mr. Robbins while he was on his hands and knees, she said.
“I was in the middle of the street screaming,” Ms. McIntosh said. “Everything hap pened so fast.”
Mr. Sutton's attorney, Mike Shank, asked Judge Rosmarin to set bail so he could be released from jail as his case moves through the court system.
He said Mr. Sutton had no intention to seriously harm Mr. Gross.
“Obviously, there's another side to this story the court has not heard today,” Mr. Shank said.
He said Mr. Sutton went to the Hamilton police station and gave a statement about the incident when he found out the police were looking for him.
But Mr. Borst argued against bail.
“He fled the scene,” Mr. Borst said. “According to a friend of his, he said he plans on not going back to prison, that he'll kill himself first.”
Judge Rosmarin ruled Mr. Sutton should continue to be held without bail.
Mr. Robbins, who suffered a concussion and whose face was badly bruised from the beating, was treated at Fort Hamilton Hospital and released May 16.
Hamilton police Detective Sherry Marcum said that so far, Mr. Robbins has been unable to remember anything about the incident.
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Witness: Fight ended in death
