36 year old Oscar Fuller yesterday was acquitted of the serious charge of felony after he and 25 year old Lana Rosas got into an altercation over a parking spot in February of 2011 which saw Fuller striking the woman who subsequently ended up in a coma and sustaining permanent brain damage.
Nevertheless Oscar Fuller was found guilty of the less serious charge of misdemeanor assault and will in most likelihood receive a one year jail sentence when he returns to court on June 13 for sentencing.
The trial came as a result of deadlock trial last fall when the jury was unable to come up with a unanimous decision. At the time Fuller insisted that he had not intended to hit Lana Rosas as hard as he had but had only reacted as a reflex after it was said she struck him first.
Nevertheless Mr Fuller’s assault, reflex or not left Ms Rosas with having to have part of her skull removed, so serious had been the injury she had sustained at the hands of Mr Fuller. At the time of the assault, Oscar Fuller chose to drive away from the scene, having only been tracked down a few days later.
gothamist: Convicting Fuller of felony assault would have required the jury to decide that he intended to cause Rosas serious injury, not just injury. His attorneys successfully argued that her most serious injuries occurred when she went airborne after the punch and hit the ground, not from the punch itself. Initially Fuller said that he felt threatened, which is why he threw the punch.
Then there’s this too:
sandrarose: Fuller appeared in court and spoke to the press afterward, expressing his regret that he hadn’t just let the woman hit him. Fuller himself has been a victim of violence before, as evidenced by the cutting scar on the right side, running from his temple to his chin.
One can only wonder if Mr Fuller has thanked his lucky stars that he has been fortunate to have only been found guilty of a misdemeanor charge, which preempts the moral that when in doubt it’s always best to walk away unless of course your reflex’s suddenly get in the way…
But perhaps to underlie the degree of unease the trial has brought this author came across the following comment which might also force a consideration of what could also be said to have gone on that day:
His intent was to punch a woman in the face. That is intent to do serious damage. His cowardly act of leaving her in the street proves his intent also as he drove away before he knew if she were dead or alive. He knew exactly what he was doing. The defense lawyer and the jury have done a shameful act in letting him go with such a light sentence. You can be sure that guy has been in trouble before as he was fast with his punch to a woman and fast to run.