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Self-Defense Claim In Parking Space Coma Incident
By
Ben Yakas
Published Mar 5, 2011
Modified Mar 5, 2011
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By
Ben Yakas
Published Mar 5, 2011
Modified Mar 5, 2011
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Yesterday, we heard the grisly story of parking space rage gone too far: petite Bronx woman Lana Rosas ended up in a coma after a vicious confrontation with electrician Oscar Fuller over a parking spot. Rosas was holding the space on East 14th Street for her boyfriend, and refused to let Fuller park his van; the argument escalated, and Fuller punched Rosas "in the face with so much force that the woman flew off her feet," according to court papers. But in court yesterday, Fuller's lawyer argued that he was just acting in self-defense: "There is nothing to suggest my client intended to inflict serious injury. At most, the charge should be misdemeanor assault."
Thomas Kenniff, Fuller's attorney, didn't dispute that Fuller punched Rosas in the face, sending her into a coma, but he argued that the 4-foot-11 Rosas of attacking his client first, hitting him multiple times in the face. Then Fuller saw her boyfriend running toward them: “Now, as he perceives it, he believes he’s being attacked by two people. He throws one punch to the woman’s face, to defend himself, gets in his car and removes himself from the situation.” Fuller, a father of two with prior busts for weapons possession and felony assault, has been charged with felony assault.
According to Kenniff, Fuller "was in tears" when the lawyer visited him in jail: "not because of the situation that he's in, but first and foremost the situation that the young woman is in." Rosas remains hospitalized in a coma at Bellevue Hospital with her family and boyfriend; doctors told cops that she suffered permanent brain damage from hitting her head in the pavement, and may die. Kenniff added that Fuller acted on instinct, and didn't intend to hurt Rosas: “The bottom line is the events, while tragic, are not criminal,” Kenniff said.
Tagged
coma
east village
lana rosas
oscar fuller
parking
parking space
road rage
Ben Yakas
Ben Yakas is a former Gothamist reporter.
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Gothamist is funded by sponsors and member donations
Gothamist is funded by sponsors and member donations
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