Suspect in bat assault case headed to trial
Columbia man hit teen stealing from van
By JANET KELLEY
S 15th St
Published Oct 01, 2009 00:02

A Columbia man, who allegedly hit a thief with a baseball bat after he caught him stealing from his van, will take his case to Lancaster County Court.

Joshua Heisey was charged with aggravated assault, a felony, after police said he hit Matthew Nolan in the face with a baseball bat.

Heisey, 26, of South 15th Street, waived his right to a preliminary hearing before District Judge Robert Herman on Wednesday. The case will now be scheduled for trial.

West Hempfield Township police charged Heisey after they were called to his Columbia area home shortly before 3 a.m. on July 28.

Heisey told police he saw someone in his van, grabbed a baseball bat and went outside to confront the suspected thief.

Meanwhile, Heisey's wife called 911.

Heisey struck Nolan one time in the face with the bat as the teenager was climbing out of the van, police said at the time.

When police arrived, Heisey was standing over Nolan, who was lying on the ground bleeding.

Nolan was taken to Lancaster General Hospital for treatment.

On Wednesday, Nolan, 19, of Pennwood Circle, Lancaster, pleaded guilty to the misdemeanor theft charge and was ordered by Herman to pay $346 in fines and court costs.

A second charge of loitering was dropped in return for the guilty plea.

Heisey and his wire referred all questions to their attorney, Mark Walmer, who could not be reached for comment.

Defense attorney Doug Cody represented Nolan.

Law enforcement officials said people have the right to defend their homes, but not property outside the residence.

At the time of the incident, West Hempfield Township police Sgt. Russell C. Geier said Heisey's home had been broken into before "and (he) decided enough is enough."

While citizens have a right to see what's going on, Geier said, residents cannot take justice into their own hands.

jkelley@lnpnews.com

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