Man cleared of felony charges in NYC parking spot fight
Legal panel weighs in on the case
- Duration 5:44
- Date May 9, 2012
Legal panel weighs in on the case
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Kelly's -- is back in session on the docket today a decision.
In the case of a punch over a parking spot that put a woman in a coma leaving her brain damaged.
Now the man who through that brutal punch is facing a one year in jail.
As he was fully cleared.
Of all felony charges.
Oscar -- a convicted now just misdemeanor assault we cover the story what happened last year.
25 year old lot of Rosales was standing in the New York City parking spot trying to save it for her boyfriend was tries to park.
Fuller -- to park there.
He and a lot not got into a fight it escalated and Fuller hit -- The blow knocked her down and she -- head into the ground.
Fuller claimed he didn't see that coming that he was only defending himself against her.
-- -- first and just like we know this cameras -- we're -- New York City.
Joining me now discuss it Fox News legal analysts -- meal and Mercedes Colwin.
Recently start with you so now he's facing just one year he -- faced up to seven.
Cleared of all felony charges.
They basically say is woman's in a coma and he committed no more than a -- demeanor why it makes no sense what they're saying -- -- what I think -- saying their verdict is that we can't do is intent.
I would say that the content to assault -- I would say make it.
The fact that he punched her.
Punched her so hard this little four foot eleven woman.
Punched her so hard that she -- you know screeching to the pavement and winds up with probably permanent brain injury I think that's intent to assault.
At a felony level not a misdemeanor level the jury got this one wrong how is that a misdemeanor Mercedes.
Because really what they focused on in on is whether there was an intent to cause serious injury and -- bit of very big difference between two if it's physically -- your -- flew right leave it square on it is physical injury but.
Serious physical -- meaning that there is a risk of death.
Protracted injury there's no conceivable way that one punch that look -- it's that I knew that I was going to have this catastrophic injury.
On this poor woman that's not -- that wanted to so what what it and I ended up at that.
They seem to be concluding the jury at least was that and by the way the jury is deadlocked in the first traumas can right this is a retrial.
They seem to be concluding that it was instinctual that is what the defendant argued that it was instinctual and he claimed.
She hit him first in fact that was admit it -- she hit him first.
He hitter back but -- here's what doesn't excited about this verdict as well is -- that if you buy that self defense argument okay that's -- -- -- -- all self defense she swung at him by the witness again a four foot eleven -- four -- eleven woman here.
It if they wouldn't -- that -- self defense.
Then they get he would have been acquitted with everything he could have just walked away and been acquitted but that's not what happened -- jury found that he did intend to hurt her and that it's about the severity of the hurting I would -- One punch in the you know what while a woman of not a big statute that sends her to the pavement like that.
It ends and in brain surgery or brain trauma hey that's chosen attached she was a hundred pounds he was a 150 pounds it -- he had an advantage over her Mercedes he wasn't a big man now he's not some huge guy towering over her.
But does that matter when you look at a case like this that that the male female thing if this had been a guy.
Instead of a woman who punched him first and any punched back.
Would we even had had a criminal trial.
I mean that's a great point I think part of it is really boils down to the self defense argument that's -- that the jury didn't bunt they'll than I do think that gender came -- it.
Because they're thinking.
You really afraid of this four foot eleven woman that she was attacking you not so much.
Well but they did buy is the serious injury they did not feel that he had any idea he could have caused that and -- -- two men unlikely that the charges would have even been funny he's.
Seemed to claim that not only did this woman come over and throw a punch at him but that her boyfriend who now you know it's out of the car that he'd been having her -- the spot for.
That he's cross industry toward Oscar full of the defendant and now Oscar in a situation where he's got a woman thrown punches at a and with the boyfriends about to come over and throw punches at him so he basically said he threw the punch at the woman so we get high -- that they're getting his car and leaks.
-- -- -- -- -- we don't know the boyfriend with even coming but let's let's even take those facts at as as you just have been OK so maybe she's trying trying to -- doesn't get him obviously she's that she's not very -- All right then you know stand your ground -- side because that's not what the plot apply here.
Even -- car.
He's advanced trying to get into a spot get -- in your car I leave the seat that I went by the -- -- -- by the -- did you have also been charged with leaving the scene of a crime.
Left that -- anyway.
And you -- the -- I just -- correctly because I do believe she did hit him she didn't -- him.
She got up and it wasn't just an attempt there was a connection and it according to a -- I don't sound but let me ask any.
I received an interesting point Lisa raises about the deficit in a -- book but my my point is.
Why didn't he leave the scene of the crime even earlier widening not puncher and -- and is -- get there.
You've got -- New York City jury that understands how frustrating it is to park in this city believe me I drive an everyday I know that frustration so that's one of the reasons you're not going to -- the good -- the lady with your car wonder why am I might clock what are you standing in the middle of the street -- issue so I don't -- Quite a thing I think what you're saying is that our anger so we get angry -- -- for not -- okay that's again I -- -- practical -- -- -- -- ready needing your and you -- securities act like we tell our children usually -- -- how.
I like that -- the parking.
My -- are still babies but I plans on you your work you aren't somebody's kicking your butt which case you kick -- -- back.
But that that was happening here that -- -- a question and is a question about the proportionality.
Of the worst you have you know that -- ladies thank -- yes I haven't -- -- -- --