Mistrial Declared In Parking Space Beating Case

NEW YORK (CBSNewYork/AP) — A mistrial has been declared in the case against a man who admitted hitting a woman who ended up brain-damaged in a faceoff over a Manhattan parking spot.

WCBS 880’s Irene Cornell On The Case

Oscar Fuller had faced a potential seven years in prison if convicted of assault. But jurors told the judge Monday, their fourth day of deliberations, that they were deadlocked.

“We cannot reach a unanimous decision. The majority of us believe there is no benefit to continue deliberations,” the jury wrote in a note to the judge.

Fuller and Lana Rosas clashed in February over an East Village parking spot. Rosas was standing in the spot on East 14 Street, physically saving the space for her boyfriend.

Fuller stepped out of his car to speak with her. He claims Rosas threw the first of several punches – striking him in the face.

Prosecutors say the 35-year-old Fuller hit Rosas in the face out of rage. She fell, hit her head and was in a coma for about a week. The 25-year-old still wears a helmet because of her injuries.

Fuller’s lawyer said prosecutors didn’t prove Fuller intended to cause a serious injury, as the assault charge requires.

The jury apparently struggled with the issue of intent, asking repeatedly to be re-read legal instructions on it.

1010 WINS’ Al Jones with Thomas Kenniff

“The jury’s inability to reach a verdict, it is a victory,” attorney Thomas Kenniff said. “This situation, while unfortunate, was not initiated by Oscar Fuller.”

Kenniff said Rosas engaged in “reckless conduct” in using her body to save a parking spot and “running up on a stranger initiating a physical confrontation.”

Neither Rosas nor her attorney did not speak after leaving court.

Prosecutors vow to retry the case in January.

Sound off in our comments section below…

(TM and Copyright 2011 CBS Radio Inc. and its relevant subsidiaries. CBS RADIO and EYE Logo TM and Copyright 2011 CBS Broadcasting Inc. Used under license. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

  • Glenn

    I’m sure the hold-out juror was a black or latino. These lowlifes condon crime. That’s right, I said it.

  • k y Gelly

    He does not look to happy now as her lawyers know his defense
    strategy. …cool!
    Anyway even if this shrimp hit him first a real man would back off and let
    the shrimp swim. Look where he is now by being angry back with her it
    was not like a Hipster hit him .

  • Alexander Canate

    Who threw the first punch(es)? Oh…that’s right the woman did.

    • Ron C

      As much as I hate when people HOLD parking spots for others, did he really have to get out of his car to talk to her? He initiated the confrontation. Who knows what he said to her to make her throw that first punch. The bottom line is he should have respected that she told him she was holding a parking spot for someone and drove away. He looked for trouble and he found it and even if he walks, it’s costing him a fortune to defend himself. It would have been cheaper for him to put his car in a parking lot for the evening in question. Hopefully he learned his lesson.

      • Brooklyn McDirtyshoes

        “Initiated the confrontation?” Really? Are you saying that anyone who hurls an insult on the street can be physically attacked without consequence? That is rediculous. She should have kept her hands to herself!

  • ron C

    What goes around comes around. He’ll get his when the time is right. No jury will be able to save him.

  • jury is clueless

    That jury is brain dead.they should be ashamed of themselves.

    • Tommy

      They are brain dead b/c they heard all the evidence and made their decision based on that…or b/c they disagree with someone who only knows what the news tells them?

  • Down with Bullying

    He is a bully and will only pick a fight with someone smaller than himself.

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