Niagara Gazette —
Vicki told investigators that Casal was the aggressor and he had no choice but to defend himself. He also insisted that he called police following the incident and he received medical treatment at a local hospital for injuries he suffered.
In addition to the deep gashes on his head, Casal suffered a chipped tooth and a severely swollen, but not broken, arm. Reports indicate that Casal was struck 15 times in the head and body.
Farkas said she had re-read the grand jury minutes in the case and had "throughly reviewed the medical records" as well.
"Mr. Vicki will face a charge of first-degree assault," Farkas said in rejecting the defense request.
The judge moved back the date for a trial in the case, from Dec. 3 to Jan. 28, because Hoffmann will be tied up on a murder trial on the original date and because lawyers in the case are waiting for the results of DNA testing.
Hoffmann said she would continue to attempt to expedite the results of the testing. Vicki agreed to give a DNA sample after a mid-September hearing in the case.
While Vicki's assault case moved forward, he was also arraigned on charges stemming from an incident in the Falls involving a traffic accident.
Prosecutors said Vicki was driving on Frontier Avenue when he lost control of his car, missed hitting a man, woman and child, but then slammed into a tree. According to the witnesses, Vicki then ran from the crash scene.
Vicki reported his car stolen to police and filed an insurance claim for the damage to the vehicle.
He pleaded not guilty to two counts of third-degree insurance fraud and one count of attempted third-degree grand larceny.
Farkas issued an order of protection barring Vicki from any contact with the witnesses in the case. Prosecutors said Vicki may have attempted to get the witnesses to "back off" on testifying against him.
The judge told Vicki she would jail him until his trial if he, or anyone he knows, attempted to contact or intimidate the witnesses.
Prosecutors have reportedly made a plea offer to Vicki in the Casal assault. Neither side in the case has said what the plea offer is and there has been no indication of whether Vicki is considering the plea.