NORWICH – A jury has been selected and opening statements were made Tuesday in the case of The People vs. Michael Thiel, the defendant charged with second degree assault – a class D violent felony – and third degree assault, a class A misdemeanor.
It’s alleged that, on or about May 22, in 2012, Thiel, 39, of Otselic, “with intent to cause serious physical injury to another person” and “with intent to cause physical injury to another person,” did do so by striking Plymouth resident Bill Buckley in the face with a closed fist, rendering him unconscious, subsequently mounting the prone Buckley's chest and continuing to strike him repeatedly.
Following the alleged altercation, Buckley was airlifted to Upstate Hospital in Syracuse, where he received hours of intensive reconstructive surgery.
A jury was selected shortly after 3 p.m. yesterday, following which McBride and defense attorney Kelly E. Fischer gave their opening statements.
McBride described the events of May 22, 2012, as he understood them, based on witness accounts. According to McBride, Buckley had gone to the South Otselic American Legion to work on a project when he was informed that Thiel was showing a video of Buckley's daughter, alleging she was stealing prescription pills from him. Buckley returned home, found his wife, and returned to the Legion, allegedly telling Thiel to leave his daughter alone and poking him in the chest with a finger. At this point, it’s alleged that Thiel struck Buckley in the head, rendering him unconscious. McBride then told the jury to expect a number of witnesses, who are scheduled to testify in open court today, that allegedly witnessed the incident. McBride also informed the jury they would hear firsthand that the unconscious Buckley nearly died from asphyxiation due to the massive amount of blood filtering into his lungs following the alleged attack. Testimony will be provided, he added, describing the damage wrought on Buckley, including shattered eye sockets which required hours of intensive surgery and delayed due to do a heart condition. Buckley, said McBride, spent a total of eight days at Upstate Hospital.
“Ladies and gentlemen, what I suggest to you is ... when a man is unconscious and on the ground, there is no argument for self defense,” concluded McBride.
Fischer began his opening statement by asserting that there is “more to the story,” and that his review of documents associated with the case never once mentioned Buckley poking Thiel.
“Bill Buckley said ten months ago that he didn't touch Thiel and now he is saying he poked him,” stated Fischer, who went on to state that the credibility of Buckley’s testimony will called into question. “As far as I can tell, no one saw what originally occurred between the two men until they were on the ground.”
Fischer also asserted that his client felt threatened by Buckley and that – when striking the prone man – he did so solely to prevent any further harm to himself.
“Bill Buckley got the worst of it and I am sorry, but he started it,” concluded Fischer.