A judge on Wednesday morning ordered a 62-year-old Lawrence man to face a trial on an aggravated battery charge for a March altercation outside Dillons, 1015 W. 23rd St., over a handicap parking space.
Douglas County prosecutors accuse Darrell Sharp of shoving a 59-year-old Lawrence man down and breaking his arm March 19 because Sharp was angry and believed the man had not parked in a proper stall while being too close to his vehicle that had a permit for the handicap space.
“That’s an aggressive motion. He was upset about what happened, and he was out to start a fight,” Assistant District Attorney Mark Simpson said.
But during a two-day preliminary hearing the two sides disagreed on what was said during the altercation. Defense attorney Michael Tubbs had asked District Judge Peggy Kittel to dismiss the charge arguing Sharp had immunity because he was trying to defend himself.
Tubbs argued the man was walking swiftly at Sharp, who put his hands up and later shoved the man away in defense.
“There’s no need to wait to be hit to defend yourself,” Tubbs said.
Kittel dismissed the defense’s motion, and Sharp remains free on $2,500 bond pending the trial.