The man accused of stabbing two people and hitting another person with a beer bottle during a bar fight in Derby last February was spared jail after taking a plea deal in the case Monday (July 15).
Alexander Zeilik, 33, pleaded no contest before Judge Frank Iannotti to three counts of third-degree assault and three counts of first-degree reckless endangerment, all misdemeanors.
Zeilik had initially faced three counts of first-degree assault — a Class B felony — but the charges were reduced Monday after a prosecutor said the victim with the most serious injuries in the fight didn’t want to risk a jury exonerating Zeilik at a trial.
A plea of no contest, or nolo contendere, means a defendant does not dispute the charges against him, but does not admit them either — though a judgement of guilt is entered in the case.
Under the terms of a deal brokered by Zeilik’s lawyer, Edward Gavin, and Senior Assistant State’s Attorney Charles Stango, Zeilik received a four-year suspended prison sentence and three years of probation Monday.
He was arrested nearly a year and a half ago, on Feb. 22, 2012, hours after an early morning fight between him and several others at Breaktime At Jak’s, a Main Street pool hall and bar.
Stango said in court Monday that the argument began “with a disagreement with a patron over whether or not somebody had been sitting where (the patron) was sitting.”
The argument quickly turned into a physical altercation.
“Mr. Zeilik became entangled with not only that patron, but others who were basically ganging up on Mr. Zeilik,” Stango said. “Mr. Zeilik pulled a small pocket knife from his person and began swinging wildly as he was being attacked by other individuals.
“It really became a melee, with Mr. Zeilik entangled with, I would say, anywhere from three to 10 individuals at various times,” Stango went on. “Once he was able to free himself from those individuals, Mr. Zeilik became involved with other individuals in an effort to come to the defense of his brother.”
Stango said one of the men Zeilik fought with suffered multiple stab wounds, another was cut near his eye, and another was hit in the head with a bottle.
Self-Defense?
Stango said the man who suffered the most extensive wounds in the fracas, Oxford resident Fred Rosa, was initially “more than willing” to testify at trial, but his interest waned in the months since.
About three months after the fight, Rosa filed a lawsuit against Breaktime At Jak’s and Zeilik. That case is still pending.
“I think as time went forward Mr. Rosa healed and became less inclined to want to get involved in a trial on this matter,” Stango said.
Rosa’s lawyer, Ralph Crozier, told Judge Iannotti Monday that Zeilik has been cooperative with the civil case and has given Rosa $20,000 toward his medical bills.
Crozier said Rosa agreed with Monday’s plea deal.
Zeilik’s lawyer, Edward Gavin, said in court Monday that Zeilik is gainfully employed and has no prior criminal record. He said Zeilik acted in self-defense
“The young main is simply not a troublemaker,” Gavin said. “Certainly he has a self-defense claim.”
Gavin told the judge he wouldn’t be seeing Zeilik again.
“He’s not going to be in trouble during his period of probation,” Gavin said. “I think that this is a satisfactory, fair resolution in the case.”
While on probation, Judge Iannotti ordered Zeilik to pay any restitution to the injured men, not go near Breaktime at Jak’s, and not initiate contact with any of the victims in the case.
