Lawyer accepts plea agreement in baseball bat case
by Cheryl Caswell
Daily Mail staff
Prosecutors have dismissed several charges against an attorney accused of beating a client with a baseball bat, but he may still end up serving time in prison.
Joshua Robinson accepted a plea agreement after his alleged victim, David Lee Gump II of Dunbar, was charged with drug violations since the incident and was an uncooperative witness.
Robinson, 38, pleaded guilty Monday in Kanawha Circuit Court to unlawful wounding, a felony. He could be sentenced to up to five years in prison for the offense at his next hearing on May 27.
Assistant Prosecutor Fred Giggenbach said he has had trouble finding Gump and he did not show up in court for Robinson’s trial, scheduled to begin Monday.
“It was a huge obstacle,” Giggenbach said. “I didn’t have my primary witness up until 8:15 a.m. on the day of trial.”
In return for the guilty plea, prosecutors dropped charges of embezzlement, destruction of property and failure to appear against Robinson and agreed not to pursue an insurance fraud charge. All of those charges relate to the attorney’s interaction with Gump last year.
Robinson was arrested when police were called to his home during an altercation with Gump. Robinson said Gump broke into his Lee Street home, but those charges were dismissed by a magistrate who found no probable cause.
A neighbor who watched the two and called 911 said Robinson was chasing Gump around in the street with a baseball bat and was “swinging wild, like a mad man.” Gump had to receive medical treatment for his injuries.
Gump had said he went to Robinson’s home to confront him about a $1,100 check made out to his grandfather that the attorney had cashed. Robinson was hired by Gump to help with his grandfather’s estate.
Robinson twice appeared in court without an attorney to represent him and asked that proceedings be delayed. He was ordered to post bond and then report to home confinement, but when he did neither a warrant was issued for his arrest and he was taken to South Central Regional Jail last month.
In March the state Supreme Court suspended his law license.
Robinson told Judge Louis “Duke” Bloom that he was having financial difficulties. The court appointed public defender Charles Hamilton to represent him. Bloom ordered Robinson to be on home confinement until his sentencing.
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