LOCKPORT – The man charged with assault in the May 12 beating of professional boxer Nick Casal wants to have the felony charge reduced.
Michael P. Vicki, 40, of Portland Street, Town of Niagara, is charged with first-degree assault for allegedly using a blunt metal object to beat the boxer May 12.
After a 15-minute meeting in chambers Monday, Niagara County Judge Sara Sheldon Farkas said defense attorney James J. Faso asked for grand jury transcripts of medical records that were used to charge Vicki with first-degree assault.
Farkas said in court that after Faso completes the review, the defense may ask for the top charge to be reduced to second-degree assault.
Farkas said the District Attorney’s Office would not consider lowering the charge to less than attempted first-degree assault.
The prosecution also was asked to turn over DNA evidence. Farkas said the DNA was submitted by Vicki but had not yet been examined because both she and the prosecution believed that Vicki would be taking a plea deal in court Monday.
In a previous court appearance, defense attorney Mark D. Grossman said a DNA test might bolster Vicki’s case for self-defense, because it could show that some of the blood spatter at the scene came from Vicki, not Casal.
Family members told The Buffalo News that Casal was responding to a call from his new girlfriend when he went to Vicki’s house, unaware that it belonged to Vicki, his girlfriend’s ex-boyfriend.
Vicki allegedly hit Casal in the head, and Casal needed 200 stitches to close the wounds.
Faso has also asked for a review of the search warrant and may request a hearing to challenge the admissibility of a statement made to police while in custody.
A return court date was set for Nov. 2.