SMETHPORT — A Eldred man is facing aggravated assault charges after an alleged fight outside a bar earlier this month.
Alexander Michael Davis, 22, of 282 Indian Creek Road, was arraigned Tuesday before Magisterial District Judge William Todd on charges of aggravated assault, a first-degree felony; simple assault and disorderly conduct, both third-degree misdemeanors; harassment and public drunkenness, both summary charges, court records stated.
Court records said at 1:34 a.m. Jan. 11, Kane-based state police were dispatched to a bar fight at the Gold Eagle Hotel in Eldred Borough. At the scene, witnesses told police that the victim, Larry Smith III, was in a fight with Davis and two other men, Lucas Kerr and Nathan Barnish.
No charges were filed against Kerr or Barnish as of press time Tuesday.
“All four were drinking heavily,” court records read. Before the alleged fight, Smith had gone over to talk to the other three to tell them not to drive home because they were intoxicated.
Witness reports indicated that Kerr pushed Smith, who slipped on the ice and fell; then Davis began to kick Smith while he was on the ground, bloodying his face, according to court records. “There was a pool of blood in the parking lot where the attack took place,” court records stated. Witnesses broke up the fight.
Smith, who was treated at Olean (N.Y.) General Hospital, suffered a broken nose and orbital bone and nerve damage on the right side of his face and severe bruising on the left side of his face, court records stated.
Police reported that during an interview with Davis, he had bloodshot eyes and smelled of alcohol. He allegedly told them “he had no recollection” of what happened. He agreed to let police see the boots he was wearing that night, which had a “significant amount of blood on the toe of the right boot,” court records read.
On Jan. 12, Smith told police all three men were kicking him; however, on Jan. 19, he told police “he wanted to repeal his earlier statement due to his physical condition,” and said it was only Davis who “kicked him repeatedly in the head,” according to court records.
Davis was released on $20,000 unsecured bail. He is scheduled to appear in Central Court on Feb. 2.
