JAY A Delaware County man accused of beating his brother nearly to death with a shovel will have his day in court February 9, 2009 starting at 9 a.m.

Jason Leonard Mouse, 24, of Jay is charged in Delaware County District Court with assault and battery, by means or force likely to produce death.

He is accused of beating his brother, Lucas Mouse, with a shovel and attacking him with a pair of scissors, according to an arrest affidavit.

The affidavit states that the brothers were involved in a fistfight, which left Lucas Mouse on the ground. Jason Mouse then used a shovel to beat his brother over the head more than 10 times, the affidavit states.

Witnesses told authorities the fight concerned a woman, according to the affidavit.

Mouse was originally charged with assault and or battery with a dangerous weapon and was scheduled to go to trial on September 18, 2008. Those charges were dropped and new charges were filed the same day.

Mouse remains in the Delaware County jail in lieu of a $100,000 bond.