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Cheektowaga man sentenced to prison for beating gay man
Victim suffered permanent injuries; judge scolds attacker
Updated: September 30, 2010, 1:16 AM
A Cheektowaga man was sentenced Wednesday to four years in prison for the beating that caused permanent injuries to a gay man in Springville on Aug. 8, 2008.
Joshua S. Holts, 28, of Cheektowaga briefly stumbled as he read a written apology. But Erie County Judge Thomas P. Franczyk scolded Holts for "beating the hell out of this guy."
Defense attorney Joel L. Daniels insisted the victim, Scott Wright, made sexual advances on his client, who was drunk, in an East Main Street bar before the assault, at 1:30 a.m.
Surveillance cameras outside the bar documented Holts beating Wright as the victim pleaded for mercy. Holts returned moments later and kicked and stomped Wright as he lay on the sidewalk.
The attack occurred moments after both had left the bar, where Holts claimed Wright had made a pass at him. However, Wright, 49, an Atlanta businessman, denied the pass during the jury trial.
Because of the beating, Wright has no feeling on the left side of his face and was unable to return to court for the sentencing because of recent surgery, the victim's mother, Judy Wright, and sister, Rachel Fanelli, told the judge.
Wright also faces eye surgery in October, they added.
Holts, who was taken from court in handcuffs, had pleaded guilty to second-degree assault on Oct. 19 but withdrew the plea on Jan. 11 and demanded a jury trial, which led to his conviction on the charge. A jury found him guilty on July 30.
In court, Holts claimed he is "really not a bad person" and insisted he is seeking counseling for his drinking problem.
The grand jury decided the act did not meet the criteria for a hate crime. However, Franczyk noted "there certainly was a lot of hate" in the crime.
Wright, a Springville native, currently runs a carpet business in Atlanta.
Prosecutor Robin J. Deubler urged Franczyk to impose the maximum seven-year prison term. "This was not just a bar fight," Deubler said.
Daniels said his client was "not a bully looking for a fight." But he insisted that despite the lack of eyewitness confirmation, Wright must have "acted inappropriately" toward Holts in the barto provoke the outburst.
And during the sentencing, the victim's mother complained Daniels committed "character assassination" on her son during the trial.
After sentencing, Judy Wright said she has "no feeling of revenge and hopes Holts can get the help he needs for his alcoholism in prison so he can turn his life around."
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