J.W. Hardy III and Anthony J. Spencer Jr. are indicted for the crime of first-degree gang assault, a Class B violent felony. It is alleged that on July 18 in the City of Batavia that the two defendants, with intent to cause serious physical injury to another person, and when aided by two or more other persons actually present, caused serious physical injury to a third person. In count two, they are both accused of first-degree assault, also a Class B violent felony. it is alleged in count two that on the same day in the city, with intent to cause serious physical injury to another person, they caused such injury to a person or a third person by means of a dangerous instrument.