Jim Ridolphi for The Local
Hanover Commonwealth’s Attorney R.E. “Trip” Chalkley III addressed reporters after the court session.

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After accepting a plea agreement, Hanover Circuit Court Judge J. Overton Harris handed out a blended sentence to a youth convicted of attacking a fellow student with an ax. Omar Abdelaal will remain in juvenile detention until his case is reviewed in two years, and could spend up to his 21st birthday incarcerated.

Abdelaal pleaded guilty to malicious wounding in the attack, reduced from aggravated malicious wounding, which he and his attorney maintain was prompted by aggressive bullying on the victim’s part.

“This is the best we could do for my son. I thank everyone for the community support we received,” father of the defendant Kahlid Abdelaal said.
The reduced charge spared Abdelaal, 16, the possibility of a life sentence and allows him to serve his sentence in the juvenile system.

Harris imposed the sentence after Abdelaal addressed the court in a barely audible and emotional voice, stating his remorse for his actions. “I regret what I’ve done,” the youth said. “I understand my actions were a bit severe,” he added.

Harris responded that the attack was more than “a bit severe,” and noted there was no physical threat or “sufficient provocation” when he picked up the ax and struck fellow student Austin Mayton.

Abdelaal and a group of friends encountered Mayton, 15, and several of his friends at McDonald’s following school on Oct. 23. After an exchange of words and what the defense termed as insults, Abdelaal and his friends entered the Tractor Supply Store, followed by Mayton’s group.

Videotape of the incident played at an April hearing showed that the defendant walked 29 feet to retrieve the ax, walked back, removed the sheath and hit Mayton in the face. The wound required 150 stitches and left a scar.

Defense attorney Craig Colley said the incident was provoked by aggressive bullying on Mayton’s part, but acknowledged the response was severe. “In the facts of this case, there is no question from our perspective that this was the result of ongoing and extensive bullying,” Cooley said.

The defense attorney said he would present expert testimony at the review, slated for July 2012, that explains the ramifications of bullying.

Hanover Commonwealth’s Attorney R.E. “Trip” Chalkley III did not accept the bullying defense.

“Mere words alone never justify an assault. I do not consider verbal bullying any defense, whatsoever, to a criminal act,” Chalkley said.

Representing the Commonwealth, Chalkley said the agreement was “fair and right.”

“I believe this was the best disposition based on all of the evidence and the facts to protect the citizens of the county and deliver a fair and just punishment to Mr. Abdelaal,” Chalkley said.

Cooley said the choice to accept the plea deal was ultimately up to Abdelaal, but said the agreement ensured that his client would serve no time in an adult facility, something that was important to the family.

While in the juvenile system, Cooley said Abdelaal would have access to further education and special career programs.

Harris imposed a 15-year suspended sentence on the malicious wounding charge, provided Abdelaal follows the conditions of his juvenile detention.

Cooley said his client could be released in two years when the case is reviewed. “That’s entirely the court’s discretion based on how well he’s doing, the nature of the offense and all of the considerations within the case.”

Mayton’s mother, Patricia Mattox, said her son is still recovering from the attack. “I just hope nobody else has to go through this.”