What these two men don't know is this might be the last day one of them is seen alive. What's going on today? I parked my mower over on my property right there in the corner. Still there. And they're claiming that it's theirs. What's going on, guys? I got into it with him again. What's that? That with him again. Arguing with him again. What happened? He came, approached us. Whose lawn mower is that right there? >> That's his lawn mower. He brought it over there because he said that's his property. Okay. And then he got up in my face and said, "Now I'm in your face. What are you going to do about it?" Threatened to kick my ass. Okay. So anyway, he come out there and he's he hates my son. He starts saying stuff. And so my son said, "What are you talking about?" And he come over he come over here and he pulled that stake he got three crosses on his >> Right. Right. So he pulled that up out the ground and and my son took it away from him. And then my son reached down got a brick and hit him over the head with it. Okay, he came at me going to bust me over the head with this. So I had to defend myself. He hit me with a brick. Did you pick up a stick? I did. Did you swing at him? No. Did you threaten him with the stick? I told told him to stay away from me. And then what happened? And then he kept on coming towards me. Okay. And and I I touched him with the stick. I didn't You touched him with the stick and then he hit you? No. He hit And then I touched him with the stick. >> Where did you get the brick from? Right there. You have a lot of them on the lawn. On the lawn? Is that what's that right there? Yeah. All right, hold on. Let me take a look at it. There's the brick. Whose hat is that? Whose hat is this? That's his hat here. He was on our property. Right here, this is our property. He came over here and swung at me and swung and hit my mom over here with this with this here. Here's the brick right here. He came over here. He was going to swing at my mom, too. He tried to hit my mom. Yeah, so I had to defend my mom. She's 80 something years old. That's what made me had I had to react quick. He said he's going to get his gun. Did you get knocked out at all when you got hit? >> No, I didn't I didn't Did he fall on the ground? No. He's got cuts all over his head. So we're obviously going to suggest that you go to the hospital and Did you see it happen, ma'am? I didn't see it, no. Is this your husband? Yes. What's his name? Damon. D A M O N. Was he sitting Was he sitting on the tractor? No, he just parked it there. And then where did he go when he sat on He sat in the chair over there. My mom came over here and said, "You can't be parking your tractors and stuff on our property." He said, That right there? Yeah. He said, "You can't I'll do whatever I want to do." You know what I'm saying? Well, to me that looks like it's on his property. No, it's not. Can we take a peek at the cameras? Are they on? Oh, yeah. They're on. Can you show me the cameras? Can you make it go back further than 10:30? It's brand new for me, so I'm having trouble. He came out here and pulled the stake out to try to get bust my mom over here. He pulled the stake out the ground and hit my mom. >> give me that. So what what is a person if it was your mom my mom would >> the altercation took place right here. >> Yeah, where the brick is. Right here. He came over here said, "F you." And he pulled that stake out and came at my mom. >> How did his How did his hat get right there? Cuz he ran back saying he's going to get his gun. He said, "I'm going to get my gun." Oh. What a mess. >> This is Mr. Wilmington. Big man, he's an expert on this. You want him to take a look at it? >> Yeah, sure. All right. See there there he's coming over. Yep. What was he saying to you here? >> He said he's going to burn my tractor up. So why is he on your property? I because he She says that's her property. And I showed him the line where I've been cutting. Yeah, I saw that. Which is which is the the property line. Okay. I came out over here and he and now he's up He and he gets in my face. >> Mhm. He says, "Now I'm in your face. What are you going to do about it?" I pushed him away. Oh, let me go grab the brick. That's That's when he said that. And that's when I walked over and got the one of my crosses to protect myself from his brick. So he's coming back with the brick. >> Yep. She's trying to stop him. Uh looks like Andy's going to jail today. Yeah. Yep. And that's where he hit me. I didn't I couldn't have did it fault. Oh, and then he then he takes Look. Look. Look. Look. Then he takes the stick and tries to >> trying to hit him with the stick. Sir, we need to take you down. You you're on blood thinners, so Yeah. it could get worse. So if you want to come with us, we'd like to walk out there and uh Can you come over here for a second? Just for a second. Yeah, I'm just going to take a quick picture. Just 1 second. He said just 1 second. Just 1 minute. >> You can count it down. Can I see your There you go. Can I see your Is your hand scraped up at all? No, I don't think so. It's just here and here. Sir, is it okay if uh Captain Smallfield keeps messing with this while we take you out there and run you down? I'd like to get going here. >> One last shot here. Okay. You might need to get a stitch. Make sure that that you don't have any extra bleeding going in your in your head there with your blood thinners, okay? The officer who was investigating Anthony, the next door neighbor who threw the brick, now enters the victim's house right when the other officers finish watching the surveillance footage. Hello. Are the officers in here? Yes. They're to the right. >> Okay. Which is which is the the property line. Yeah. And that's where he hit me. I didn't I couldn't have did it fault. That's pretty damning evidence. He's writing a statement for me right now. That's awesome. Oh, I know. I mean because with without that Not yet. the problems we've had with these two Let me see what you got there, Anthony. >> I'm not done yet. Okay. All right. Hold on. Okay. I'm going to stop you right there, all right? Because at this point you got the right to remain silent. Go and stand up, Anthony. And put your hands behind your back. Anything on you I should know about? Anything? Okay. You're under arrest for felonious assault. What? Yes. The video the What about here? Okay. We we we watched the video, all right? Everything is on video from start to finish. And after watching that video, it is very clear that your son is the primary aggressor in this incident, all right? Do you want me to Do you want me to have this dollar cuz it'll just Could have definitely been handled a different way. All right, here you go. Felonious assault? Yeah. That's what the it's with the Well, the way he charged him with that cross You go down to the jail, you go in front of a judge, and you'll get walked through. He's got cameras pointing to the whole incident from start to finish and it's clear >> to do time for this? Not necessarily. We're we're not the judge and the jury. We're just we're just merely >> Do I got to go to court tomorrow? Eventually you'll probably see a judge, yeah. All right. Let's go get in my truck. A felony? Yeah, when you hit somebody in the head with a brick, Anthony. Like I said, you're being charged with a felony, but you know, nothing is until you're found guilty of something. You know what I mean? Innocent until proven guilty. You've heard that before, right? >> Yeah. Okay. Why don't you put your Are you going to I can't get it up there, man. Put that one leg up in there first. Are you serious? Throw that right leg up in there. My life, man. I can't even be if if if confined in nothing. I can't do it, man. Can you roll the window down or something? >> What's that? I'm going to open that window up and turn the air on. This hurt, man. All right, I'm going to go grab the brick now. All right, let's go get these cuffs off. All right, come on. We're going to go up the steps over here. All right, go on in there. In and to the left. Sit right there. All right. So I'm going to read your rights to you. You have the right to remain silent. You can decide at any time to exercise those rights, not answer any questions, or make any statements. So what's going to happen here today is that you're you're currently under arrest for felonious assault. And the reason that you are the one that's under arrest is that he had video and it captured the entire incident from start to finish. You told me that the incident occurred where the brick was lying, which is on your property in my interpretation. That is not where the incident occurred. Everything occurred on his property. It shows you approaching him on his property, you going straight up and getting in his face, and then then it shows him pushing you off of him, all right? After you're inches from his face, and you run over and grab the brick, he grabs the cross, and that's when, you know, it shows you striking him in the head with that brick, knocking him down where his hat was in his prop on his property. So that's why you're here. So what's going to happen is you're going to be charged with felonious assault. All right, anytime you throw a brick at somebody, that's pretty serious. He could have been, you know, seriously hurt, all right? Luckily it's looks like a cut to his head. It's, you know, he's going down to the hospital because it's still bleeding. You'll be charged with felonious assault. You'll be going out to the county today. Most likely you'll be arraigned on that charge tomorrow. Regarding the the facts that I stated to you, is there anything that that you want to say about it? I mean, regarding the incident, is there Am I wrong in how I described what happened after watching the video? For the life of me, I can't understand. You know I mean, in looking at the video, you know, I obviously don't have audio or whatever, but he did nothing wrong. That lawn mower is parked on his property. So All right, I do have to shut this door. I'll be with you in a little bit. All right, I got some paperwork to do. The events in the body cam footage took place in August of 2021 in Ravenna, Ohio. Later that same month, the victim who was hit in the head with a brick, 77-year-old Damon, later passed away at the hospital due to his head injury. The suspect, 60-year-old Anthony Wilmington, was then indicted by the Portage [music] County Grand Jury on the charges of felonious assault, a second-degree felony, murder, an unclassified felony, and tampering with evidence, a third-degree felony. He initially appeared with an attorney and pleaded not guilty. However, he subsequently took a plea deal, pleading guilty to felonious assault and tampering with evidence in exchange for the murder charge to be dismissed. [music] Wilmington was then sentenced to 9 to 10 and a half years in prison. Later in 2022, Wilmington filed an appeal claiming that he received ineffective assistance from his attorney that resulted in him pleading guilty and being sentenced to a lengthy prison term. However, his appeal was denied after it was determined that his guilty pleas were knowingly, intelligently, [music] and voluntarily made. Wilmington is currently being held at the North Central Correctional Complex in Marion, Ohio, where he will be released in 2030 to 2032, depending on [music] his behavior. Did you notice how fast he started talking? Because that tells you more than the assault itself. When he's being interviewed, he volunteers information, pretty much trying to shape the story before the officer can even ask questions. When someone rushes to control the narrative like that, it's usually because they already know the truth won't help them. I also had neighbor issues myself, bad enough that I had to move, and I can tell you that tension builds slow, quiet, until one day it doesn't stay quiet anymore. Now, in Ohio, when someone causes a death while committing a violent felony, like a felonious assault, that's where a situation like this can turn into a murder charge. as a property argument turned into a courtroom battle that he wasn't prepared for. Because once that victim dies, it's no longer about what you meant to do, it's about what you set in motion. And then listen to him talking about his career, saying he can't be confined. Now, one word about what he just did to that man.