Elmo Lee Greer Jr. testifies in court Friday.

Almost two years after he was charged with assaulting a then 5-year-old child, Elmo Lee Greer Jr. was scheduled to appear in court Wednesday on a civil suit filed on behalf of Cody Braxton Vaughn by his father, Jordan Robbins.

The case alleges that Greer, who was dating Vaughn’s mother at the time, unlawfully imprisoned the boy and beat him.

According to police, on March 19, 2006, the child’s mother, Krystal Vaughn, awoke and discovered Greer was not in bed. When she went to find him, she reportedly found Cody beaten and bloody in the living room. Krystal Vaughn took her son to Saint Joseph London, where he was treated for a broken nose, along with bruises and contusions to his face.

When asked what he had been struck with, police said Cody Vaughn indicated a fist.

Greer and Krystal Vaughn are both named as defendants in the lawsuit, which seeks unspecified damages and asked that permanent custody of Cody be awarded to Robbins. In the suit, Robbins alleges the intentional infliction of emotional distress, negligent infliction of emotional distress, false imprisonment, fright on the part of Greer and negligent supervision on the part of Vaughn.

A motion seeking abeyance, or temporary suspension of the lawsuit until the criminal case is resolved, was granted by Laurel Circuit Judge Roderick Messer in June 2006.

Greer was arrested on April 23, 2006 on charges of second-degree assault and first-degree criminal abuse. The case was scheduled to go to trial Sept. 25, 2006, but was continued when Greer’s attorney, Warren Scoville, withdrew from the case.

After Circuit Court Judge Greg Lay recused himself from hearing the trial because his wife works at Cumberland Valley Children’s Advocacy Center, where Cody Vaughn was undergoing therapy, Senior Judge Gary Payne, agreed to a defense motion to continue the trial. The reason for the continuance is not known because Payne approved a defense motion to seal that portion of the record.

Payne set the case for trial on March 29, 2007. Following that trial, a jury found Greer guilty of fourth-degree assault and recommended a 12-month jail sentence. At the sentencing hearing in April 2007, Payne ordered Greer to 12 months in the county jail, serving 6 months with the remainder probated for 24 months provided he have no contact with the child and not use drugs or alcohol.

In addition, Greer was ordered to pay a $500 fine and $125.50 in court costs.

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