Niagara Gazette — TOWN OF TONAWANDA — An attempt to have Jim Ying's strangulation charge thrown out failed during a court appearance on Monday.
Ying, owner of Ying's Wings and Things in Tonawanda, was in court Monday with attorney John Lavin to face charges of second-degree strangulation and second-degree assault.
Lavin presented the motion to dismiss the strangulation charge, which is a felony, stating there is precedent that for it to be a felony there needs to be specific intent.
Judge Daniel Cavarello denied the request to dismiss the charge stating, "the charges include conduct that seems to me rises to the level of felony."
The judge stated that for a strangulation charge, the act must lead to unconsciousness which they allegedly did in this case.
During Monday's appearance, Assistant District Attorney Julie Fiske also asked for further time to investigate the charges.
Cavarello granted her request on a short-term basis. Ying is expected back in court on this Monday.
Ying was charged Dec. 10 at his restaurant after an employee reported that he was attacked by Ying.
"The victim was standing near the front counter of the business when Jim told him to do something," Capt. James Carosi said last week. "The victim said, 'I can do it in a minute, or 'hang on, it can wait,' or something to that effect. It apparently made Jim very upset.'"
Ying allegedly reached around the 26-year-old victim from behind, putting him in a choke hold. The victim told police that he lost consciousness, and he landed on the floor, suffering a cut to the back of his head.
Ying was just in town court prior to that to plead not guilty to a criminal nuisance charge following a Nov. 17 incident involving a shooting outside the restaurant. One person was injured.
The charge was the fifth criminal nuisance charge Ying has faced since he began holding Saturday night college parties for patrons 18 and older in September, which he has since stopped hosting.
Following the latest incident, Ying has said he is planning to close the Tonawanda location.