Dows man sentenced after bar brawl
A 12-person jury in the Buena Vista County District Court on Wednesday found Zebulun McFadden, 30, of Dows, guilty of willful injury resulting in bodily injury.
McFadden faces up to five years in prison with a fine up to $7,500 plus victim restitution and court-appointed attorney fees.
Evidence at the one and a half day trial revealed McFadden had assaulted an individual in the early morning of March 3, outside Ike’s Job Site, a bar in Marathon. McFadden struck the victim, a male, in the face and head six to seven times.
A friend of McFadden characterized it during testimony as “mutual combat.” The assault caused serious injuries to the victim including a broken nose and deviated septum.
Dr. Tracey Wellendorf told the jury that he performed one surgery but the victim may need up to three more surgeries. The jury took less than 30 minutes to deliberate before finding the defendant guilty. McFadden is out on bond pending his next court date.
The State has also filed a habitual offender enhancement against the defendant in this case, contending that McFadden has a lengthy criminal history in Iowa and California.
McFadden has demanded a trial on that issue. If convicted as a habitual offender, McFadden will serve a minimum of three years in prison. McFadden also has pending local charges for OWI and assaulting a peace officer.
At trial the defendant was represented by Daniel A. Meloy of Cherokee.
The State appeared by Matthew Speers, Assistant Buena Vista County Attorney.