posted on August 30, 2013 12:47
Shane Bell, 47, who is accused of punching a man in the head on Harvester Avenue Sunday, will officially be facing a felony second-degree assault charge.
In a felony hearing in City Court this morning, Bell’s defense attorney argued it could have been self-defense. The attorney said, based on Det. Sgt. Pat Corona’s testimony, that the victim, Scott Baker, chest-bumped Bell at least once and then tapped him on the neck just before throwing the punch to Baker’s head. The attorney says that with the listed charge, it’s necessary to prove intentional injury and “in this case, the intent element is not so clear," according to our news partner, The Batavian, who was there.
Judge Robert Balbick, however, sided with District Attorney Lawrence Friedman and upheld the felony assault charge.
The 52-year-old Baker remains in the trauma unit at ECMC where he is unconscious with a serious head injury. Judge Balbick says Bell reportedly has a prior felony conviction and 18 prior arrests.
He is being held with no bail.