ELIZABETHTOWN — The assault conviction of a garage owner who hit a romantic rival with a baseball bat was upheld on appeal.

Craig W. Scharpf, 42, of Witherbee was convicted after an Essex County Court jury trial in June 2007 of first-degree assault, third-degree criminal possession of a weapon, third-degree intimidating a victim or witness and two counts of second-degree aggravated harassment.

Scharpf struck Jamie Rotella of Moriah with a baseball bat, causing serious head injuries and later made threats against a witness, Rotella’s girlfriend, Mindy Kimball.

He did not testify at his trial, but his attorney argued he acted in self defense, introducing his statements to police and the recording of a 911 call made by Kimball.

Scharpf was convicted on all counts and was sentenced, as a second-felony offender, to concurrent and consecutive prison terms, the longest of which was 15 years.

He was also ordered to make $29,655 in restitution for the victim’s medical expenses.

defense

The Appellate Division of State Supreme Court was not convinced by Scharpf’s contention that the district attorney failed his justification of defense.

Justification for use of deadly force can be established if Scharpf believed such force was necessary to prevent a burglary of his home or to protect himself from the use or imminent use of deadly physical force against him, the justices said.

Although his attorney argued that Scharpf believed Rotella was about to break into his auto-repair garage and attack him, Scharpf denied touching the victim and said the man fell and struck his head on a pipe by the front door.

However, there was no blood by the pipe, and Kimball said Scharpf ambushed Rotella and struck him twice in the head before Rotella reached the house or had contact with the defendant.

Evidence was presented that Rotella was unarmed, had not reached the doorway or broken into the house and that the defendant struck the victim with the bat before any contact was made.

CHARGE TO JURY