Walton Upshaw, 67, of Lima, appeared in Lima Municipal Court Thursday for a preliminary hearing into allegations that he stabbed another man earlier this month. Charges of felonious assault with a deadly weapon were transferred to Allen County Common Pleas Court. A competency hearing has been scheduled for Upshaw.
J Swygart | The Lima News
LIMA — A case of a Lima man who allegedly attacked his sister’s fiance with a large knife has been bound over to Allen County Common Pleas Court for consideration by a grand jury.
Walton Upshaw, 67, of Lima, appeared in Lima Municipal Court Thursday for a preliminary hearing surrounding allegations that he used a knife nearly two feet in length to assault Jeffrey Berger earlier this month.
Testimony testified during the hearing that Upshaw often stayed at Berger’s residence at 936 Dingledine Ave. in Lima. Berger said there had been a “contrast brewing” for some time after Upshaw had taken to answering the door of the residence in nothing but his underwear.
“I had told him several times to stop that,” Berger told the court.
Then, on the evening of Sept. 18, a physical confrontation occurred when Upshaw allegedly left the living room of the home, went to a bedroom and returned with a large knife.
“He came at me and poked me with the knife and began pushing it into me,” Berger said. The defendant’s actions resulted in lacerations to his groin and thigh which needed stitches and resulted in a two-day hospital stay.
Detective Sean Neidemire of the Lima Police Department testified he had interviewed Upshaw following the incident and noted the defendant admitted he had tried to stab Berger. The knife was recovered and taken into evidence, the detective said.
Judge Kevin Smith ruled the state had presented probable cause that a crime did take place and charges of felonious assault with a deadly weapon were transferred to Allen County Common Pleas Court.
A competency evaluation has been scheduled for Upshaw. Smith continued bond in the case at $500,000 cash or surety.
