NEW YORK (CBSNewYork) — There are surprising developments at the so-called “parking rage trial.” Neither the victim, nor the man who punched her, will testify.
Oscar Fuller left Manhattan Criminal Court on Wednesday in no mood to talk — just as earlier the 31-year-old decided not to talk to the jury, declining to take the stand in his own defense, reports CBS 2’s Tony Aiello.
“We’ll wait for closings. After the trial we’ll see where it goes,” his attorney said.
Lana Rosas, 25, fell to the ground and suffered major head trauma. She spent a week in a coma.
In a statement to police, Fuller said, “my thought wasn’t to hit her hard.”
And in an exclusive interview with CBS 2 in March, he said Rosas, all of 4-foot-11 and weighing 100 pounds, provoked him.
“Bang, bang, bang, bang, she’s just hitting me, hitting me, and I’m like ‘whoa whoa,’ so I hits the girl, jumps back in my car, and pulls off,” Fuller told CBS 2’s Derricke Dennis.
Fuller’s girlfriend testified that she witnessed the punch.
“He didn’t intend to hurt her, sure enough not a coma!” she said.
The defense clearly is betting the jury will find Fuller did not intend to cause serious harm to the victim, and will find him not guilty.
Rosas suffers slurred speech and other lingering effects from the head injury. As a result, the district attorney decided not to put her on the stand.
Instead, the prosecution played 911 calls:
Witness: “Hi, a girl got punched in the head, hit her face on the ground!”
Several witnesses testified they saw Fuller acting “very violent and aggressive” and throwing what one witness called “a full-on knock out punch” to the face of the much smaller woman.
Fuller said he meant to punch her, but not hurt her. The jury will have a lot to discuss.
The jury will take a break Thursday and begin deliberations on Friday. If Fuller is found guilty, he faces up to seven years in prison.
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