The felony hearing for the man accused of assault in the City of Tonawanda was adjourned until next month.
Avery Hunter, 24, of Buffalo is facing 2nd degree assault charges, d-felony, after police say he punched a 59-year-old man in the City of Tonawanda on Sunday.
Police say the man was walking near the intersection of Grove Street and Grove Place, when Hunter, who was riding his bike, jumped off his bike and punched him.
After court Tuesday, Hunter’s lawyer says there’s more to the story than meets the eye.
“I can’t get into the details, but there’s a completely different side to this story, that’s not being told, and there’s an independent witness who would corroborate what I’m telling you,” said Dominic Saraceno.
Saraceno says the charges should be downgraded.
“Well, because the allegation is that there was one punch thrown, that’s what an independent witness states,” he said. “The case law in New York is clear, that if you only throw one single punch, that can not substantiate an intent to cause serious physical injury. Generally, if it’s one punch, the charge, is charged as a misdemeanor assault 3rd as opposed to assault 2nd.”
The family declined an interview on camera, but was present in court. They say, who sustained a broken jaw, brain bleed and concussion, is still in the hospital recovering and is in and out of consciousness.
During the hearing, today, lawyers on both sides argued about the bail. The bell was set for $2,500. Prosecutors were asking for that to be increased, while the defense was asking for bail to be decreased.
The judge, on the other hand, had another opinion. No sound was allowed in the courtroom, but the judge did say on record that if it were up to him “the bail would be 10 times the amount,” he said.
The judge declined a change in bail, but agreed to adjourn the hearing for 30 days. Hunter is due back in court on September 10 at 1:30 pm.