News

Newman to bring new charges in attempted murder case (2)

By Bill Moss, Published: March 6, 2018

District Attorney Greg Newman said he plans to bring new felony charges against a man whose conviction was thrown out after a series of appeals.

The state Supreme Court declined to issue an opinion in the attempted murder case of Leonard Schalow, who law officers say tortured and beat his wife nearly to death. The Supreme Court heard oral arguments  on the state’s appeal of the earlier reversal of Schalow’s 2015 conviction and prison sentence of 13 to 16 years. 

“I attended the oral arguments in Raleigh at the Supreme Court last month on February 5 and one of the justices made a comment hinting that his preference was to send the case back for me to prosecute again," Newman said. "I am ready to do just that. Schalow will not get out of custody, but will instead be sent back to the Henderson County jail where new felony charges await him.  My goal is to have him receive a comparable sentence to the one originally imposed by Judge Powell.”

Schalow, formerly of 717 Stoney Mountain Road in Hendersonville, was convicted by a Henderson County jury in 2015 of attempted first-degree murder by torture of his wife, Erin Schalow.  The couple has one child. 

The N.C. Court of Appeals vacated the conviction in December 2015, saying that an earlier ruling by Superior Court Judge Mark Powell declaring a mistrial due to a defective indictment was technically incorrect. The subsequent, corrected indictment used to successfully prosecute Schalow was deemed a violation of his double jeopardy rights.

“I appreciate the hard work by Assistant Attorney General Joe Hyde in his efforts to have the Supreme Court re-instate the original verdict and sentence,”  Newman said. “But things do not always go our way,  so I will make my adjustments and prosecute Mr. Schalow again.”

Mr. Newman added, “domestic violence is unacceptable in our community and the facts of this case show extreme brutality.  I renew my pledge to do everything possible to see that Mr. Schalow is held to account for his actions.”