*A third man has been found guilty in the group beating of DeAndre Harris following last summer’s white supremacist Unite the Right rally.
Daniel Patrick Borden, 19, of Ohio, on Monday was convicted of malicious wounding in the Aug. 12 attack after he entered an Alford plea to the felony charge, according to the AP. (In an Alford plea, the accused does not admit guilt, but concedes that the prosecution has sufficient evidence to secure a guilty verdict.)
Borden’s attorney, Michael Hallahan, told the court that although his client agreed that the evidence showed Borden participating in an unlawful wounding or assault, he would have argued at trial that Borden did not have any malice in his head or heart that day.
Assistant Commonwealth’s Attorney Nina Antony argued that Borden came to Charlottesville to participate on the “alt-right” side of the rally. After the unlawful assembly was declared, Antony said Borden was walking near the Market Street Parking Garage when he saw the assault on Harris.
Harris, who was on the ground and scrambling to get away, was being beaten by several people. Antony said Borden ran up to the altercation, wearing a white construction helmet with the words “Commie killer” written on the front.
Using a wooden object, Antony said Borden hit Harris while he was on the ground. The group attack left Harris with eight staples in his head, a broken wrist and numerous cuts and scrapes.
At trial, Antony said that evidence of an object being used as a weapon would have shown malice. In response, Hallahan said that would have been a question for the jury to deliberate.
Judge Richard E. Moore agreed with the prosecution that the use of a stick to hit someone on the ground would have been enough evidence for the jury to find malice.
A sentencing hearing was set for Oct. 1. Borden faces up to 20 years in prison.