A man who faked a heart attack to get a victim into his home will avoid jail time on felony assault charges.The defendant, Roger Dale Newby, 59, was granted a three-year judicial diversion by Circuit Court Judge Bart Stanley on the charge of aggravated assault and was ordered into a mental health program and was warned to have no further contact with the victim. His criminal conviction will be erased as long as he completes his probation without any further trouble.His probationary sentence comes after he called a woman he knew on the phone and told her he needed help because he thought he was having a heart attack. When she arrived, she said Newby told her he had something to show her and tried to get her to help move his bed, saying he wanted it moved so he could shoot anyone coming into the room.He then told the victim he was going to kill himself and started acting violent.