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Man who bit ear off friend gets credit for time served

A North Carolina man accused of biting off his friend’s ear and spitting it out on Interstate 95 during an argument was sentenced Friday to the nearly nine months he has already served in jail.

Floyd Raynaldo Warren, 31, of Scotland Neck, N.C., was sentenced to three years in prison with all but eight months suspended in Spotsylvania Circuit Court on Friday. He was convicted in January of malicious wounding.

Warren, who has been incarcerated at the Rappahannock Regional Jail since the July 4 incident, will get credit for time served, said his attorney John Parson.

“I’m sorry that this happened and I have learned a lesson by this,” Warren said tearfully. “This has traumatized me and I managed to get closer to my God, Jesus Christ.”

Spotsylvania County dispatchers received calls at 8:02 a.m. on July 4 from drivers on I–95 stating that a man was darting in and out of traffic near mile marker 121 and had blood running down his shoulder.

Deputy William Jeffries testified during the trial that he found 47-year-old Horace Askew leaning on a guardrail bleeding and that his entire right ear was missing.

Warren was located in a vehicle about 40 yards south of where Askew was standing.

Jeffries testified that Warren told him that he and Askew took a trip to New York and had stayed at a Stafford County motel where they did PCP.

He testified that Warren told him that the two had gotten into an argument in the car and that’s when he bit his ear off.

Jeffries mentioned that there was a significant amount of blood on the top of the car’s trunk. The incident closed I–95 for a short period while deputies searched for the ear.

Warren testified that Askew had been a longtime friend of the family.

Warren told Beck that he was openly gay and that Askew made a sexual pass at him that made him uncomfortable. He said he repeatedly rejected his advances, which made Askew upset.

After eating breakfast and getting back on the road, Warren said he fell asleep in the car and woke up feeling numb. He testified that he believed Askew did something to him to make him lose feeling in his limbs. He said he tried to get Askew to stop the car, but he refused. Warren said he tried to get out of the car, but couldn’t move his body.

Warren said he believed Askew wanted to kill him out of fear that Warren would reveal his sexuality.

Parson argued Warren was acting in self-defense because he was in fear of his life.

Prosecutor Martha Norton argued that if Warren was so numb, how was he able to drive the car away from the scene? And if he was in fear for his life, why was his trial day the first time anyone knew about it?

She argued that if Warren bit off the ear in the car, how did the blood end up on the trunk?

Askew, who had the ear reattached that day at Mary Washington Hospital, has not been seen since.

Norton said they have made numerous attempts to locate him.

Warren’s sentence was on the low end of the guidelines because there was no victim to testify, he had no real criminal history and he was cooperative at all of his court appearances, Norton said.

Portsia Smith: 540/374-5419

psmith@fredericksburg.com

 

Permalink: http://news.fredericksburg.com/newsdesk/2014/04/25/man-who-bit-ear-off-friend-gets-credit-for-time-served/

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