Why charges were dropped in 2015 neighbor attack

Posted at 7:11 PM, Mar 02, 2016
and last updated 2016-03-02 23:56:50-05

FAYETTEVILLE, Ohio -- Charges have been dropped against a Brown County man who, according to the sheriff's office, threatened his neighbor with a hammer in the morning, got arrested and posted bond, then went back to the neighbor's house that same afternoon and stabbed him.

David Amburgey called the sheriff's office on March 11, 2015, after Robert Philpot came to his home on Victory Lane, the sheriff's office said. Deputies arrived at 10:30 a.m. that day and charged Philpot with aggravated menacing.

Philpot posted a $1,000 bond and was released.

At 4:43 p.m., Amburgey called 911 and reported a stabbing at his home. When deputies arrived at 4:57, they found Amburgey with lacerations and Philpot with facial injuries.  Both men were airlifted to University of Cincinnati Medical Center.

Amburgey, who said he acted in self-defense, was treated and released. Philpot ended up in UCMC's intensive care unit.

Philpot also was charged with felonious assault and attempted murder. But recently, defense attorney Michael Kelly said, Philpot was  found incompetent to stand trial.

Kelly said his client can't remember anything about the events of that day, and he hasn't walked since. Philpot has been in a nursing home, Kelly said.

"Mr. Philpot has no mental ability to admit, deny, feel remorse, not feel remorse -- he doesn’t know," Kelly said.

Amburgey, who lives across the street from Philpot, is worried his neighbor will return at any time, though Kelly told WCPO his client doesn't present a danger to anyone now.

"He's not betting his life on it -- I am," Amburgey said. "It’s just not right."

Because of the stabbing, Amburgey said he's put his home up for sale so he can get away from his neighbor.

"I could wake up any morning and see him sitting on the front porch," he said.