Ray Leach, the victim in a alleged stabbing on Ross street on August 4, 2018 , testified in a preliminary hearing in Batavia City Court on Monday morning.
The hearing was requested by Antwan Odom’s Attorney Frank Housh, who took over the case last week after Odom was first represented by Public Defender Michael LoCicero.
Leach testified that he was driving by Odoms’ house when he noticed him outside. He says he parked in his driveway on Ross street and confronted Odom in regards to $60 that was allegedly taken from Leach’s house. The two are neighbors. “We saw kids, wasn’t going to do it there,” said Leach.
Leach says Odom then kept following him as he walked to his house. “That’s when I knew we were going to fight. We agreed that after the fight it would be over.”
Leach testified that he punched Odom four times. Once in the head, twice in the arms and once in the face. As he explained the fight to Odom’s’ attorney, Leach says Odom went down several times .
“I let him get up, then he started fighting again, he tried to punch me, but I blocked his punch. Hit him again in the face, he kept fighting , he kept squaring up. The second time he fell, he got up, started fighting again and we exchanged punches.” Leach then told Attorney Frank Housh that he wrestled him to the ground.
“Odom then said to Leach, “We were done, were done.” According to Leach.
“We got up, grabbed my stuff, heard his feet truffling behind me, he had a pen size yellow pocket folding knife. Went to run, fell after the first stab, then started fighting back and punching him trying to get away.”
Leach says was able to make it home, but collapsed after his leg gave out on the stairs inside his house. He says he then called for his mom who called an ambulance. Leach says he may suffer some nerve damage in the leg that gave out, but his doctor was not sure. He says he was getting the stitches out today and would have to take things on a day by day basis. He has not been cleared to play football. Leach says he was stabbed a total of 10 times. In the abdomen, back, legs and arms.
Leach was shown 11 photos submitted by the District Attorney, Lawrence Friedman. He then explained what the photos showed to the court. Several photos showed where the stab wounds occurred in a shirt and pair of shorts that Leach was wearing that afternoon.
One photo showed an area inside the bathroom at Leach’s house where there were several blood stains.
Housh says Odom did not intend to commit attempted assault 1st. “Leach went there to fight my client. He beat my client to the ground 4 times, this is self defense. No knife has been recovered.”
District Attorney Lawrence Friedman argued that there was evidence of a knife, there is testimony from the victim that says there is. There are photos of some of the stab wounds and testimony regarding the pain and impairments.
“This was combat by mutual agreement,” says Friedman.
“The defendant followed him after the fights. The victim got the best of him in a fist fight, he retaliated and brought a knife to the fist fight. We have met the burden of proof.”
Judge Robert Balbick then ruled there was reasonable cause that he did commit attempted assault 1st, a class C violent felony, and the case will now be sent to the Grand Jury.
Balbick then ruled the bail amount would remain the same. $50,000 cash and $100,000 bond.
Housh then mentioned several recent cases in the area where bail was less. The case of Paul Hussey, who attempted to run over four people in a church parking lot, Hussey is being held on $25,000 cash bail. Also the case of Adam H. Brokaw, who was indicted for 1st degree sex abuse and rape. He was released on his own recognizance.
Housh then filed an appeal on the bail amount in Judge Zambito’s Court.
Zambito ruled that Odom was eligible for a lower bail due to his bail review score being a 15 and the fact that his pending felony charge in Sweden Town Court is for aggravated DWI, a non-violent felony offense.
Judge Zambito then granted Housh’s request for a bail reduction. Bail was lowered to $15,000 cash or $30,000 bond.