His attacker was using a metal bar. Responding with his truck was an overreaction, cops say

A Polk County man answered a metal rod assault by counterattacking with his Chevy truck, Polk County Sheriff’s Office said.

That was adjudged enough of an attempted overkill that Larry Washington, 48 or 49 depending on his alias, was arrested for attempted murder Wednesday.

What PCSO investigators know about what happened in Wednesday’s early hours comes from the crime scene, the 2000 Chevrolet 1500 pickup truck and Washington. They couldn’t talk to the 32-year-old Herminio Rivera, who PCSO said was sedated with a breathing tube and his right leg with an open fracture.

The investigating officer said Washington, “repeatedly stated that he intentionally ran (Rivera) over and when he gets out he is going to kill him. He said the only reason he stopped tonight was that the truck was hung up on the fence and he could not get to (Rivera).”

Despite that alleged threat and a rap sheet that mixes escape with grand theft and cocaine possession, Washington’s bond is $25,000.

Both men were staying at a Bartow group home. Washington told police he’s homeless, but Irene Toney who runs the group home made a deal with him early this week to let him stay there in exchange for help around the home. Rivera’s on a year’s probation for petit theft.

The two began the night driving around in Toney’s truck, enjoying alcohol and marijuana indulgences, Washington told police. They stopped in Gordon Heights Park before going back to the group home.

An argument began, Washington said, and Rivera began hitting him with a metal rod. Deputies later found a two-foot metal rod about a half-inch in diameter.

When Rivera tried to run away, Washington told police he chased him with the truck and ran him over. The arrest report says investigators found a knocked down 6-foot chain link and a park bench run over.

“There were skid marks approximately 45 (feet) long leading from where the truck was parked to where the fence was damaged,” the report said. “The victim’s shoes were found near the damaged fence and bench.”

Polk County Sheriff Grady Judd said in a statement, “If someone is beating you with a metal rod, you have every right to defend yourself. But if that person hits you and runs away, call 9-1-1. Don’t try to run him down with your truck. It’s not only nuts, it’s illegal. It’s attempted murder.”