Key to Lawson case is one of intent in the single-punch altercation after July's Kid Rock concert
Most of the information in this post was provided by WBTA.
The first oral arguments of the defense, lasting about seven minutes, were heard in the case of Craig Lawson, who is accused of hitting Jason McNeil after the Kid Rock concert at Darien Lake this summer.
Lawson was not present in Genesee County Court today. He lives in Canada, more than three and a half hours from here, and this absence was excused by the court. (He did appear when he pled not guilty.)
He is charged with a single count of second-degree assault. To win a conviction on that in New York, a prosecutor must prove that the defendant intended to cause serious physical injury.
His defense co-counsel, Buffalo-based Joel Daniels, says it was a one-punch fight, not a brawl, and there aren't many examples of how those have been prosecuted. Lawson is also represented by Michael Ranzenhofer.
They looked through hospital records which said the victim has no facial broken bones or really any indication on his face of a fight. He was hurt, rather, when he fell down and hit his head.
Obviously, there's the question of intent. With a single punch, was Lawson trying to inflict the serious injuries which McNeil sustained? The defense maintains that was not Lawson's intention.
According to court documents, McNeil's head hit the ground and he was in a coma for more than a week. Records show the victim underwent a surgical procedure to have part of his skull removed.
Daniels says he understands that his client the alleged victim -- a former WNY resident who currently lives in Alabama -- is doing better now.
Alcohol was a factor in the incident and hospital records indicate the victim could have had a BAC of .19 at the time.
Initially, Lawson was charged with a misdemeanor, assault 3rd, and bail was set at a $1,000. Once it became apparent that McNeil's injuries were serious, the charge was upgraded and a grand jury indicted Lawson on a single felony count of second-degree assault.
The defense team will review the grand jury transcripts. They believe there is insufficient evidence to support the assault, 2nd, charge. They want the court look at all of the circumstances, including the way in which the punch was delivered and the likelihood that its impact was made worse by running (which was not clearly explained).
The DA's Office said that of course the prosecution can get a conviction on the crime as charged.
