Paul Pursell testified Tuesday in his case where he faced charges of aggravated robbery, felonious assault and arson.
Charlotte Caldwell | The Lima News
LIMA — A jury found a Columbus Grove man guilty Tuesday in the Allen County Common Pleas Court after a July 22 altercation that resulted in the man receiving aggravated robbery, two felonious assault and arson charges.
The jury also found Paul Pursell, 57, guilty of four firearm specifications, and determined the property destroyed was worth more than $1,000 for the arson charge. Sentencing for Pursell was set for Wednesday at 9 a.m.
The jury heard testimonies from law enforcement as well as the alleged victim in the case, Regan McCully, and Pursell, whose stories conflicted on what actually happened at the Pilot Flying J in Beaverdam at about 4 a.m. that day.
McCully’s testimony
McCully is an over-the-road trucker who sometimes sleeps in his semi-truck in Flying J’s truck parking lot so he can get up early and drive the next day. This is what he was doing on that day. His personal vehicle, a 2017 Ford F-150, was parked nearby in the car lot and he could see the vehicle where it was parked.
He testified at around 4 a.m. he got up to go to the bathroom and said he saw Pursell under his personal vehicle. McCully initially thought he was trying to steal his catalytic converter. McCully recognized Pursell because McCully asked him about two months before to drive him to a local business to get pizza and Pursell was parked at Flying J every week.
He said he could see Pursell under his car using bottles and a funnel to catch the gas. When McCully went to confront Pursell, Pursell allegedly said he had a hole in his gas tank.
McCully called 911 and the 911 call was played for the jury. He said Pursell got in his car like he was trying to leave and McCully took Pursell’s keys out of his ignition. McCully said Pursell then struck him in the head and elbow with a crowbar and lit a cigarette and threw it down in the gasoline leaking out from under the truck. The jury was shown a video from a cruiser dash camera showing the gasoline on fire. McCully got the crowbar away from Pursell and said he never struck Pursell with it.
McCully said he received a three-inch scar on his head and he still gets headaches from it about three times a week. He also had to get five stitches for his two-inch cut on his elbow. Both scars were still visible and pointed out to the jury. He said the elbow wound got infected and said he was in “excruciating pain” as the infection caused his whole arm and hand to swell.
He said his personal truck held 26 gallons of gas and he filled his tank up that day for $90. His insurance determined the truck was totaled and he received $18,900.
Pursell’s attorney, Assistant Public Defender Megan McLean, asked McCully if he ever asked Pursell for car maintenance advice or to work on his truck and if he told Allen County Sheriff’s Detective Nick Burke that he might not have ever seen Pursell throw a cigarette into the gasoline, and he denied both questions. Burke is currently on medical leave and didn’t testify.
McCully said he had no doubt it was Pursell who committed the offenses.
Pursell’s testimony
Pursell said he fell asleep in his car, and he woke up to the car rocking and McCully taking his keys while leaning into the car from the passenger side window. He said McCully hit him with something and that there should be blood in his car from being hit.
Pursell said McCully took a crowbar from Pursell’s passenger seat, and as they were struggling for control over it he fell in the leaking gasoline. He said he saw McCully open his gas cap and had wounds on his hands and arms as well as a knocked-out tooth due to the struggle and McCully hitting him with the crowbar.
He testified he had a cigar in his mouth which fell out during the struggle and didn’t intentionally throw it into the gasoline. He also said he didn’t try to steal gas from the truck and didn’t intentionally hit McCully with the crowbar.
According to Pursell, he went into the cornfield next to the gas station to get away from McCully, and that’s also why he said he was found by Ohio State Highway Patrol Sgt. Anthony Kuhn hiding under a semi-truck at the Interstate 75 southbound on-ramp.
Pursell was found under the semi with lighters, cigarettes and a gun. While he had the gun concealed in the waistband of his pants, he testified he never intended to use it. The prosecution agreed he never used it in this case, but just having it on him under his control is enough to add firearm specifications to the charges.
Law enforcement testimonies
The deputy who took inventory on Pursell’s car, Andrew Hadley, said he could smell gas in Pursell’s car, and a picture of inside Pursell’s car showed what appeared to be drops of gas on a gun box and the alleged materials used to catch the gas. Pictures were also shown of Pursell’s car, how it was parked next to McCully’s, how his gas cap was facing McCully’s, and that Pursell’s gas cap was open.
The deputy who took Pursell to jail, Whitney Koontz, said she had the windows of her cruiser down while transporting him because he smelled strongly of gasoline.
Allen County Sheriff’s Office Corrections Officer Ron Jones testified when he processed Pursell at the jail he didn’t notice any visible injuries. He said he asked Pursell why he was moving slow and “gingerly” and Pursell said he was sore from being hit with a crowbar.
Closing arguments
McLean’s argument centered around McCully’s story and actions not making sense and questioned why Pursell would risk personal damage to his vehicle by lighting McCully’s truck on fire since it was so close.
Assistant Prosecutor Colleen Limerick said she “couldn’t really pin him down” referring to her questioning of Pursell on the stand and that “He doesn’t really want to deal with specifics and truth for you.”
Reach Charlotte Caldwell at 567-242-0451.
