LOGAN – The man charged with attacked State Sen. Richard Ojeda in May has filed an answer to the civil complaint against him, denying all claims.
In Jonathan S. Porter’s answer, which was filed Feb. 8 in Logan Circuit Court, Porter denies that he negligently and/or willfully and intentionally set upon Ojeda and battered him with his fists and/or other objects.
Porter is representing himself and also asks that the lawsuit be “dismissed as meritless because [Ojeda] is due no relief or damages”
Both Logan circuit judges recused themselves from presiding over the case after it was filed Sept. 26.
Chief Justice Allen H. Loughry II of the West Virginia Supreme Court of Appeals assigned Kanawha Circuit Judge Louis Bloom to preside over the case, according to a Jan. 24 administrative order.
A trial date for the civil complaint is scheduled for Jan. 8, 2018.
Ojeda filed his lawsuit against Porter, alleging on May 8, 2016, while they were attending apolitical event in Logan County, Porter attacked him.
In his complaint, Ojeda says he suffered multiple facial fractures and other injuries that required him to undergo medical treatment and incur medical expenses.
Media reports of the May 8 incident say Porter asked Ojeda to place a bumper sticker on his vehicle and then began beating him. Witnesses say Porter then tried to hit Ojeda with his vehicle. Porter was arrested and charged with felony destruction of property, malicious assault and attempt to commit a felony.
Porter was arrested and charged with felony destruction of property, malicious assault and attempt to commit a felony.
Ojeda is a retired U.S. Army Major. He needed two plates surgically inserted into his left cheek after the attack, which he says was politically motivated.
Ojeda is being represented by Charleston attorney Mike Clifford.
Logan Circuit Court case number: 16-C-197