The Duncan Banner

November 3, 2013

Elix found not guilty on burglary charge, jury deadlocked on assault charge

Derrick Miller
The Duncan Banner

DUNCAN — Only one felony trial was set for the October trial docket in Stephens County District Court. And this week, two of three charges were resolved with the remaining charge held over for the January docket.

Justin Dawayne Elix, 30, faced charges including burglary in the first degree, aggravated assault and battery, and malicious mischief, all after former convictions of two or more felonies.

In the first count — regarding burglary in the first —  Elix was found not guilty by the jury. Assistant District Attorney Greg Steward said the third count (malicious mischief) was dismissed by the court after the state rested.

The jury was deadlocked on the second count (aggravated assault and battery). Steward said this count has been added to the January trial docket, when Elix will once again be judged by a jury of his peers.

Elix was remanded into the custody of the Stephens County Jail, where he will await trial on this felony count.

“He was on a $500,000 bond,” Steward said. “He’s sitting down there on that at this time.”

These felony charges were filed in December 2012, following an incident at the alleged victim’s residence.

According to the affidavit filed by Duncan Police Detective William Fitzhugh, Elix “committed the criminal acts of burglary, and assault and battery against (a person) when he broke open the front door of (the person’s) residence and struck him several times in the face.”

The alleged victim was transported to Duncan Regional Hospital by ambulance, where he was treated for a fractured nose, and facial swelling and fracture. The affidavit also listed a 60 inch TV allegedly being broken during the incident.