Pair face charges after man's jaw broken during fight

By The Citizen staff report

Thursday, August 2, 2007 11:13 AM EDT

Two Auburn men were arrested by the Auburn Police Department Tuesday afternoon on charges they broke a man's jaw during a fight on Spring Street around 4 a.m. June 30.
Joshua A. Nervina, 19, of 23 Pulaski St., Auburn, and Stefan P. Lepak, 19, of Apt. A8, 2 Schwartz Dr., Auburn, both were charged with second-degree assault, a Class D felony.

The dispute may have been over a female acquaintance, police said.

Police were called to Auburn Memorial Hospital June 30 because the 24-year-old man was seeking treatment for his injury.

Police said he was having difficulty speaking, and was in pain.

The man will still need medical care for a few more months, police said. Warrants for their arrest were issued following the completion of an investigation, police said.

Both men were arraigned in Auburn City Court Wednesday.

Their bail was set at $10,000 cash or $20,000 bond.

Nervina was acquitted in a March 2006 jury trial of felony charges of first-degree manslaughter and first-degree assault in the stabbing death of Anthony Agee July 25, 2005, during a dispute over a cell phone.

In May 2006, Nervina was sentenced to six months in Cayuga County Jail for violating his probation for a youthful offender offense by failing to enter a general equivalency degree program and to enter a substance abuse program.

The Citizens' Say

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There are 9 comment(s)

Unknown... wrote on Aug 3, 2007 11:33 AM:

" He was aquitted because he had a smart lawyer fast talking for him. He should have gone to jail. This is the biggest problem with our legal system. "

a mom79 wrote on Aug 3, 2007 10:26 AM:

" for korny child don't ya think something was stinky with our so called justice system, this person is continuously in trouble for one crime or another. talk about a kick in the face, you have no clue "

sickofit wrote on Aug 3, 2007 10:20 AM:

" Mr. Nevina thinks he is untouchable. The judge should have put him in prison instead of spanking him. It is time for him to step up to the plate and take responsibility for his actions. PRISON TIME IS WHAT HE NEEDS! "

a mom79 wrote on Aug 3, 2007 9:50 AM:

" Jail? NOT! ---> more like a good long prison sentence!!! "

childofthekorn1318 wrote on Aug 3, 2007 9:44 AM:

" OK, reguardless of what he is doing now, he was aquitted of the crime of murder. That meens not guilty, stop mutilating our legal system. A person is innocent until proven guilty, and he was found NOT GUILTY. Its a kick in the face to our legal system to still talk as if he comitted the crime. Again I reiterate, he was Acquitted. "

raywa9 wrote on Aug 3, 2007 7:49 AM:

" It is time for jail. "

interested wrote on Aug 2, 2007 12:14 PM:

" What a shock to see him in the paper again for some type of assault. He only got a slap on the hand before when facing charges of manslaughter-- has been in the paper a couple times since then. WOW!! I wonder if that judge feels as though he made an incorrect decision???? "

Unknown... wrote on Aug 2, 2007 12:05 PM:

" Yeah, I think Mr. Nervina needs to go away for awhile. "

justaround wrote on Aug 2, 2007 12:00 PM:

" Of course this young man would get in trouble once again. Nothing that the legal system has done has been good eliminating that with him. He got off his charges, didn't follow probation requirements and here he is again. This time give him jail time and some state counseling while he is in there and maybe some education would be in order as well. "

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