Boy pleads no contest in vet's beating

A 10-year-old boy charged with beating a homeless Army veteran pleaded no contest Thursday to misdemeanor battery.

A judge ruled that the boy can be released from a juvenile detention facility and live under house arrest with a relative in Michigan. The boy faces a year of jail time or probation when he is sentenced May 15.

Police have said the 10-year-old, along with another 10-year-old boy and a 17-year-old boy, smashed a chunk of concrete in the face of 57-year-old John D'Amico in an unprovoked beating on March 27.

"We hope to correct this behavior. That's what the juvenile court is for. It's for rehabilitation," prosecutor Dustin Havens said. "We hope we can get him on the straight and narrow and keep them from reoffending."

The boy's mother said she was happy her son was being released. A no contest plea is not an admission of guilt but is treated like a guilty plea by courts.

The families and attorneys of the boys claim the group was acting in self-defense. They say D'Amico was a belligerent drunk.

D'Amico, who is 6-foot-2 and 220 pounds, said he was out walking when the trio on bicycles attacked him. D'Amico said the boy in court Thursday was not the main aggressor in the attack.

"I think he was just following the crowd," D'Amico said. "It's a crowd of bad boys."

All three boys had been charged with aggravated battery. The 17-year-old, Jeremy Woods, is being prosecuted as an adult and could face up to 15 years in prison if convicted.