Judge finds probable cause in St. James Gate alleged assault archived

http://joestrupp.blogspot.com/2013/01/judge-issues-complaint-in-st-james-gate.html

That was pretty quick. I was part of an eviction in late September, where the evictee did 30K worth of damage on the way out-cops were called before we took back the house, doors were locked, no sign of forced entry, water left running from the third floor master suite for a day-and only last week did we get notification from Essex County that they decided to prosecute.

Has the bartender been fired?

Who is taking the under and who the over?

Not to belittle your frustration or your tenant's wrongdoing, but an assault probably takes precedence over damage to property by a tenant, which is closer to a civil matter than a criminal one.

deborahg said:

Has the bartender been fired?

The bartender is the son of the owner.

'Probable cause' is a pretty low bar to clear, so this development doesn't say much one way or the other. It would have been remarkable if the judge tossed the case.
And JLD, your non-sequitur story is fascinating.

So the bartender or the lawyer didnt showed up ...

Question
What happens if they don't show at court at all??

marylamb said:

http://joestrupp.blogspot.com/2013/01/judge-issues-complaint-in-st-james-gate.html

Banned again, huh, Joe?

johnlockedema said:

That was pretty quick. I was part of an eviction in late September, where the evictee did 30K worth of damage on the way out-cops were called before we took back the house, doors were locked, no sign of forced entry, water left running from the third floor master suite for a day-and only last week did we get notification from Essex County that they decided to prosecute.

A difference is that the eviction took place in county court. This is being heard in municipal court.

johnlockedema said:

That was pretty quick. I was part of an eviction in late September, where the evictee did 30K worth of damage on the way out-cops were called before we took back the house, doors were locked, no sign of forced entry, water left running from the third floor master suite for a day-and only last week did we get notification from Essex County that they decided to prosecute.

The difference between a municipal court and the county courts?

HarleyQuinn said:

So the bartender or the lawyer didnt showed up ...

Question
What happens if they don't show at court at all??

No need for the bartender or his lawyer to show up. The complaint would have been issued in any case. No need to waste time and money.

The defendant will be required to show up for trial.

Is this now a criminal matter or a civil case?

I think the next step is an indictment? Doesn't he have to be brought in and charged formally?

And I think that only happens depending on the results of investigating the charge.

To be clear, Meade did not have to appear

author said:

Is this now a criminal matter or a civil case?

Technically, criminal.

Since you're supposed to print the text of the article:

A municipal judge Thursday found probable cause to issue an assault complaint against a St. James Gate bartender for an alleged attack against a patron two weeks ago.

Judge John Paparazzo of Bloomfield Municipal Court made the ruling this morning after a short hearing that involved claims against bartender James Meade by South Orange resident Ethan Kresofsky.

The case, related to an incident the night of Jan. 7, 2013, was transferred to the Bloomfield Municipal Court because of a conflict involving the South Orange/Maplewood municipal court judge.

At issue is a claim by Kresofsky, 24, that he was attacked by Meade early on Jan. 8, 2013, after asking to be served. He also claimed Meade used an anti-gay slur against him.

"I was there with a few friends. I go up to the bar, I ask him for a drink and he says 'no,'" Kresofsky told the judge in court today. "He says, 'what are you? a *****ing faggot?' I said, 'yes, what of it.'"

Kresofsky said Meade then allegedly assaulted him, spit at him and tried to open his mouth with his hands, causing Kresofsky to bite Meade.

Kresofsky said he was punched in the face by Meade and allegedly kicked in the head.

Meade was not in court today, nor was an attorney there on his behalf. St. James Gate issued a statement on the incident in recent weeks.

It can be found HERE.

Judge Paparazzo said the next court date has yet to be set and could held in either Maplewood or Bloomfield. "Where they send the case is not up to me," the judge said.

Also in attendance were two witnesses, who did not speak to the judge. Kresofsky's mother, Eva, also attended.

"This is what we wanted to happen," she said afterward.

To clarify on the legal procedure - this is a criminal case, and the first step is a criminal complaint against the defendant which sets out the charges he's facing. Next the defendant should be arraigned, and then there will be an indictment (which is determined by a higher standard than the initial complaint). If he is indicted he can either plead or go to trial, depending on what the prosecutor is offering.

Patch has the story here: http://maplewood.patch.com/articles/judge-finds-cause-in-complaint-against-st-james-gate-bartender

Another legal question.

Mr Meade is accused of using derogatory speech during the alleged assault. At what point does the possibility of prosecuting this as a hate crime arise? I think someone mentioned that this would raise the prosecution to a federal level.

I really am just curious.

^^^ good question.

mrincredible said:

I think someone mentioned that this would raise the prosecution to a federal level.

Both New Jersey and the federal government have hate crimes statutes covering sexual orientation. The local incident could theoretically be prosecuted as a hate crime at the state level. Normally, the feds would only step in if the underlying crime was being prosecuted as a federal offense, or if the state does not have a hate crimes statute, or if state authorities are blatantly ignoring a hate crime covered by state statutes.

Note that the allegations regarding the "faggot" taunt were not mentioned in the formal complaint document initially filed with the court by the alleged victim. I do not know whether there are legal procedures that would allow for adding such charges going forward. Any lawyers care to comment on how or whether this might happen?

The plaintiff also admitted to biting Meade's hand/finger, which may have some weight in the deliberations on charges.

I imagine it can be added any time up to tge arraignment. DBut they will need evidence to make it stick.

I believe that the possibility of indictment only occurs when there may be a felony involved, not when it is a municipal court matter that would probably be a misdemeanor or violation.

mfpark said:

The plaintiff also admitted to biting Meade's hand/finger, which may have some weight in the deliberations on charges.

Yes, but while the defendant was trying to open the plaintiff's mouth. The biting could easily be seen as self defense under the circumstances. If you try to open someones mouth against their will you are likely to get bit.

Who the hell tries to open someone's mouth...

The biting will surely be seen as self-defense, considering the victim was being punch in his face repeatedly.

I'm guessing that this thing is eventually thrown out of court. From the Patch, the alleged victim states that he was antagonizing the bartender.


"He was noticeably intoxicated," Kresofsky said. The two began shoving and grabbing. Kresofsky told the judge the two spat at each other and Meade then punched Kresofsky in the face. The two then made their way outside, he told the judge, where his friends were holding Meade back. "I was antagonizing him," Kresofsky said. "[Meade] saw his opportunity, pushed my friend and punched me in the face. Then he ran up and kicked me in the face."

So, here we have it. A fight breaks out between 2 individuals. The alleged victim has already stated that he was an instigator by antagonizing Meade...

Loose lips, sink ships..Meade's lawyer should have a field day with that one.

I think if we want to keep this thread from getting yanked it would be best to discuss facts and not speculate or make assumptions.