NEW YORK (CBSNewYork/AP) –– An electrician charged with hitting a woman in a fight over a Manhattan parking spot is headed for a trial, saying he was defending himself and didn’t anticipate that she would end up in a coma.

An Oct. 24 trial date was set Thursday in Oscar Fuller’s assault case.

Fuller, 35, and Lana Rosas, who is in her mid-20s, got into an argument as he tried to park his van in the East Village in February. She was standing in the space to save it for her boyfriend.

Prosecutors said Fuller punched Rosas, who is under 5 feet tall, “in the face with so much force that the woman flew off her feet, was knocked unconscious and hit her head on the ground.” She was in a coma for a time. An update on her condition wasn’t immediately available Thursday.

Fuller told police he punched Rosas in the face only after she swung at him two or three times, according to a court document.

His lawyer, Thomas A. Kenniff, said surveillance video shows that she approached him and instigated the fight. Fuller suffered injuries to his face, Kenniff said.

“We think that when a jury hears the case, they’re going to conclude that my client was not the initial aggressor and that the unfortunate injuries sustained by (Rosas) were neither intended nor foreseeable,” Kenniff said Thursday.

Her family has denounced the suggestion that Rosas spurred the violence.

“She’s 4-foot-11. How is she the aggressor?” her mother, Angie, told the New York Post in March. “It doesn’t matter what she said to him or what he said back. … He hit her hard enough to shake her brain.”

“They’re saying it was so powerful a hit,” Fuller told CBS 2’s Derricke Dennis in March. “I hit this girl one time.”

Fuller also told reporters later in March he was “very, very sorry for the situation she’s going through.”

If convicted, he could face up to seven years in prison.

How do you believe the trial will play out?  Share your thoughts in the comments section…

(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 This material may not be published, broadcast, rewritten, or redistributed.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.)

Comments (17)
  1. Steve In Tulsa says:

    You cannot save a space by standing in it. You are not a car. She was selfishly preventing this man from fixing some one’s home or office. He has to carry tools, equipment, and likely will have to make several trips. The stupid little girl does not own the parking space.

  2. Fred S says:

    You don’t hit women. However if they hit you all bets are off. Women can cause damage. Defending yourself against one is perfectly acceptable. Women have the equal right to get laid out just like a guy.

  3. Surfin Bird says:

    he is innocent

  4. dr meh says:

    Big, small whatever, when latin manners take over, you get your just deserves.

  5. REAL TRUTH says:



  6. jen says:

    I wish there are more parking space in new york look i bought a house about 13 year ago i don’t have a driveway the parking was good but the the city start putting up houses on every corner with not enough parking when i get home from work i have to park 3 blocks away i know one guy park his car in front of my house for days when parking is supended

  7. BOBBY says:

    These comments about the female are out rageous.You see in the hood its okay to punch a woman.In the real world if you lay a hand on a woman you are a PUNK .Yes a bi*** ass punk .This is why the hood is a waste land no respect for nobody not even the mother who brought you pathetic punks into this world …I hope this LOSER PUNK gets the max he can get then gets sliced up in jail ….I just wish I was there protecting the parking spot , then this incident would have never happen because this bird punk would have looked for another spot ….

    1. Nick says:

      Spoken like a true dumb punk. “Protecting the spot”. You bought it? You paid for it? Nope, your kind just “own the streets” huh?

  8. Carlos Liriano says:

    her mother said that the punch rock her brain, if she any brain she would not be holding a parking space in NYC, i hope next time somebody will knock some sense into this brainless woman

  9. pikachu says:

    Both should go to anger management, if the video shown that she started first.

  10. danny says:

    I agree that a man should never hit a lady. But when a woman comes up to you and starts swing, she is no lady. The mom asked how can a 4′-4″ woman start a fight. I’ve seen chihuahua’s go after pit bulls. The worst thing that should happen to this guy, if there is a video showing what the defense says, is anger management.

  11. karlson says:

    What a dumb friggin’ animal this is. Didn’t think the woman would end up in a coma! Who hits a woman or anybody over a parking space? I hope the guy goes to jail for a long time and is sued for everything he is worth!

    1. BOBBY says:

      Yes Karlson I’m with you ,Its sad to read some of these BRAIN DEAD CRACK HEAD BABY comments giving this Punk credit and ex cusses.To some of you pea brains out there in the hood you don’t hit females ,if you do your a PUNK ….

    2. Steve In Tulsa says:

      The woman was clearly in the wrong. This is not how to behave. People like this woman have no manners and should be removed from polite society. And she started swinging at him! What I would have swung back too! It is called Self defense. And she probably walked into it adding force to the poor electricians swing. Coma girl totally got what she deserved for acting like a barbarian.

  12. ed says:

    the guy is a animal why didn,t he hit a man he should pay big time for it. number one you should not hit a woman.i hope thay kick his ass in prison.he will get it.

  13. D says:

    I mean if the video shows her approaching him ranting and raving, I think settles that. Besides…not to sound prejudiced or anything…but Latin women (assuming she is Latin) have fire, whether they are midgets, or giants. To say she cannot be the aggressor b/c she is short is ridiculous.

    Either way, I hope justice is served.

  14. The Facts says:

    It appears that he was provoked to the point that he lost his temper. Even if you are in the right, sometimes it is wiiser to just leave.

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