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Published: Saturday, 10/8/2011 - Updated: 4 years ago

Ex-UT player guilty of punching driver

Damien O. McIntosh, a former UT football player, arrested for assaulting his girlfriend. Damien O. McIntosh, a former UT football player, arrested for assaulting his girlfriend.

A former University of Toledo football player entered a plea in Lucas County Common Pleas Court Friday to assault — a misdemeanor conviction that had been lowered from the original charge of felonious assault.

Damien McIntosh, 21, pleaded no contest and was found guilty for punching his former girlfriend in the face while she was driving. Christina Tomusko, who has left the area and was not in court yesterday, suffered a nasal fracture as a result, Assistant County Prosecutor Kevin Pituch said. Mr. Pituch said the victim had asked that the charge be reduced.

Mr. McIntosh, who is not enrolled at UT, declined to comment after the hearing. His attorney, Ronnie Wingate, said he “sincerely regrets” the incident. “Alcohol was involved.”

Mr. Pituch said Mr. McIntosh was a passenger in Ms. Tomusko’s car about 3 a.m. May 20 as she was driving on Secor Road. At the time, Mr. McIntosh was intoxicated and during the drive, he became angry, Mr. Pituch said.

“This defendant punched [the victim] in the face several times while she was driving,” he said. Ms. Tomusko stopped the car and Mr. McIntosh got out and ran, Mr. Pituch said. Mr. McIntosh was arrested later that night.

At the time, Mr. McIntosh was a defensive end on UT’s football team. Soon after, he was permanently removed from the program.

Mr. McIntosh had been charged with felonious assault, which involves inflicting “serious physical harm” on a victim. Before accepting the plea, Judge Gene Zmuda granted the prosecutor’s request to amend the indictment to omit the word “serious,” making the charge a misdemeanor. Mr. McIntosh faces up to six months in the Corrections Center of Northwest Ohio when sentenced Nov. 16.

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