Sep 22, 2014 3 min read

A Monessen teenager was ordered to stand trial in the Sept. 7 assault of four people on a street in California while identical charges against his alleged accomplice were dismissed by a district judge Monday.

Tyler Youille, 19, was ordered by District Judge Joshua Kanalis to stand trial on charges of aggravated assault, simple assault, harassment, disorderly conduct and reckless endangerment after a preliminary hearing. Kanalis, however, dismissed the same charges against 19-year-old Kayne Michael Jackson, saying he was not convinced Jackson was involved in the actual attack. Jackson’s family members in the courtroom clapped and voiced their approval of the judge’s decision.

Assistant District Attorney Josh Carroll withdrew charges of ethnic intimidation against both men prior to Kanalis’ decision. A 14-year-old boy also was charged in the assaults in a juvenile allegation.

Both defense attorneys, Amanda Como, who represented Jackson, and Justin Walsh, who was Youille’s attorney, argued the charges against their respective clients should be dismissed after hearing testimony from the four alleged victims and the arresting officer. Como argued there was no evidence her client so much as touched any of the four. Walsh said the four victims contradicted each other and also argued their injuries did not rise to the level of an aggravated assault. The four injured were taken to Washington Hospital for treatment of injuries ranging from a concussion and eye injury to cuts and bruises.

Carroll countered the testimony of the four people involved was contradictory, but merely saw something different from the same viewpoint.

The four people injured in the assault, Ian Jackson, Ryan Higgins, Cody Partyka and Victoria Small, all testified the attack came out of nowhere as they walked along Second Street near Union Street after getting food at a nearby diner.

While they all seemed to believe Youille assaulted all of them, their testimony involving Kayne Jackson was somewhat murky. Small said Youille attacked all four, but did not see Kayne Jackson hitting or kicking anyone. She recalled seeing the third person, but was not clear on his involvement. Police were able to get a description the attackers’ clothing. Partyka identified the three after they were taken into custody several blocks away, near Rotary Park.

Borough police Officer Thomas McCarthy, who filed the charges, said he found a pool of blood at the scene of the assault. He also found a studded diamond earring. When Youille was taken into custody, he had a diamond earring in one ear and a hole in his other ear, but no earring. He also had a cut on his hand that McCarthy said may have come from throwing a punch. Youille also had blood on his hands.

Kanalis told Walsh he would not entertain a request for bond reduction. Youille remains in Washington County jail on $50,000 bond. Jackson was out of jail since Sept. 11, when he posted $50,000 bond through a bondsman.

Kanalis said police have the option of refiling the charges against Jackson.