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City man to face trial on gun, assault charges

Kemp-Perrin allegedly beat ex-girlfriend to the point that she could not see

A city man accused of running from police while handcuffed will face trial.

Nyshaun D. Kemp-Perrin, 23, of 1313 Rosehill Drive, appeared at Central Court on Wednesday wearing an orange prison jumpsuit for his preliminary hearing for a list of charges that include felony illegal gun possession and aggravated assault stemming from an incident in late February, where he allegedly beat his ex-girlfriend to the point that she could not see.

The assault took place near the Arandale Elks lodge at Margaret Avenue and 19th Street, and 911 dispatchers could hear a woman yelling during what sounded like a struggle when a call came in at

2:03 a.m. on Feb. 25. As officers fanned out to look for the assault, 911 was able to determine the location of the call, and Kemp-Perrin was identified as having assaulted his ex-girlfriend.

When he was found walking nearby, he was stopped and handcuffed, but according the testimony of Altoona police Patrolman Garrett Trent on Wednesday, Kemp-Perrin took off running as officers began to search his backpack.

Trent testified that Kemp-Perrin ran a couple of blocks and stopped at Margaret Avenue at 17th Street when police caught up to him. Trent said officers learned the domestic dispute started the day before and Kemp-Perrin had slapped the woman in the face.

When police found the woman in a parked car outside the Elk’s club, her eyes were so swollen she couldn’t see, police noted in the charges.

Inside Kemp-Perrin’s backpack, officers found two handguns — a .22 caliber Ruger and a .40 caliber Walther. Trent testified that the Ruger’s serial number had been scratched off.

Assistant Public Defender Anthony Kattouf argued to Magisterial District Judge Ben Jones that a felony charge of obliterating a serial number should be tossed because police presented no evidence it was Kemp-Perrin who scratched out the serial number.

Assistant District Attorney Pete Weeks countered that in Pennsylvania, a jury can still consider the charge and the Commonwealth didn’t have to show it was Kemp-Perrin who obliterated the serial number.

Weeks also countered Kattouf’s argument that the assault didn’t rise to the level of a felony since the woman didn’t lose consciousness and was able to talk with police at the hospital.

“When you have eight strikes to the head by an adult male, I would submit that is intent to cause serious bodily injury,” Weeks said.

Weeks also offered up what he admitted was an unusual argument that when Kemp-Perrin ran off with an officer’s handcuffs, he committed theft and should face charges of theft and receiving stolen property.

Kattouf told the court there was no evidence Kemp-Perrin intended to take the handcuffs.

Weeks did concede there had been no evidence presented at the hearing to support two counts of resisting arrest and told the judge those charges should be dismissed.

“I was going to dismiss those anyway,” Judge Jones said.

Jones also dismissed a misdemeanor count of disorderly conduct but sent the remaining six felony and three misdemeanor charges on to Blair County Court. The judge also renewed bail restrictions barring Kemp-Perrin from any contact with his ex-girlfriend before he was remanded to Blair County Prison. His bail remains set at $50,000 cash.

Mirror Staff Writer Greg Bock is at 946-7458.

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