NORWICH – The trial of The People vs. Michael Thiel continued Wednesday with the Chenango County District Attorney's Office calling a number of witnesses to the stand.
Thiel, 39, of Otselic, stands accused of second degree assault – class D violent felony – and third degree assault, a class A misdemeanor. It’s alleged that, on or about May 22, of 2012, Thiel, “with intent to cause serious physical injury to another person” and “with intent to cause physical injury to another person,” seriously injured Plymouth resident Bill Buckley outside the Otselic American Legion in Otselic, allegedly striking him in the face with a closed fist and causing Buckley to lose consciousness. It is also alleged that – after Buckley had been rendered unconscious – Thiel continued striking his face repeatedly with closed fists.
During Wednesday's trial proceedings, Randy Yale, commander of the Sons of the American Legion in Otselic, was called to the stand by District Attorney Joseph McBride.
Yale described for the court how he had arrived at the Otselic American Legion at approximately 5:30 p.m. on May 22, 2012, to prepare the legion's pavilion for an upcoming barbecue. According to Yale's testimony, Bill Buckley, also a member of the Sons of the American Legion, arrived afterward to assist him. At some point during their preparations, another member, William Massey, approached and engaged Buckley in conversation. Yale claimed he could not hear the conversation, but testified that he observed Buckley to be upset. Shortly afterwards, Buckley left the vicinity of the Otselic American Legion.
According to Yale's testimony, some time after Buckley's departure, he entered into the American Legion bar and saw Thiel for the first time that night.
“Did he appear to be under the influence?” asked McBride, to which Yale answered, “Yes.”
Meanwhile, while Yale, Thiel, and a few other individuals were standing outside of the bar, Buckley and his wife, Sue Buckley, arrived. It’s alleged that Buckley approached the group, asking Thiel to show him a video on his phone, said Yale. The two walked away from the group and Yale observed Thiel showing Buckley his phone. Afterward, Buckley called over his wife and Yale suggested that the others still gathered outside enter the bar.
“Are you prepared to say Thiel is substantially younger and stronger than Bill Buckley?” asked McBride, to which Yale again replied, “Yes.”
Yale continued to describe the event’s that day to the best of his recollection, stating that shortly after he re-entered the bar, and while sitting with his back to the entrance, he heard Sue Buckley “scream for help” and that Thiel was “beating up Bill Buckley.”
Yale testified that, when he arrived at the legion's door, he could see what was going on.
“I saw Thiel sitting on Bill Buckley and swinging with both arms. When I got to Bill Buckley I saw he was unconscious, his arms were laying at his sides. It was awful, there was blood everywhere. I have known Bill Buckley my whole life and I thought he was dead. I pushed Thiel off of him [Buckley].”
McBride then asked Yale if he observed Thiel with any type of injury, to which Yale replied in the negative.
Defense attorney Kelly E. Fischer, in his cross examination of Yale, asked if Buckley had spoken with him following his conversation with William Massey, Yale replying yes. Asked if Buckley was upset, Yale replied, “He wasn’t crying or anything, but I could tell he was upset.”
Later, under Fischer's questioning, Yale testified that – when Buckley returned to the bar and asked Thiel to see the video on his phone – he was indeed upset. Shortly afterward, Fischer pointed out an inconsistency in Yale's sworn testimony, noting that during the grand jury indictment, Yale had testified that Sue Buckley entered into the bar, alerting the others to the altercation, whereas during his testimony on Wednesday he said she had screamed from just outside the bar's entrance.
Under Fischer's cross-examination, Yale also testified to having spoken with Buckley about the incident prior to his testimony given Wednesday, as well as at least one member of the district attorney's office.
Fischer also noted that, while Yale testified during the indictment trial, expressing an uncertainty as to how he saw Thiel sitting on Buckley's chest, he testified Wednesday to being 100 percent certain.
Following Yale being excused from the witness stand, Jessica Ann Romanus, the Otselic American Legion bartender who was also present during the night in question, was sworn in. During McBride's questioning, Romanus testified to having served Thiel at least four alcoholic beverages since beginning her shift that night. Later during her testimony, Romanus described Sue Buckley's arrival at the door.
She screamed, “Help, help me they're fighting,” testified Romanus.
Romanus also testified to having seen Thiel sitting on top of an unconscious Buckley, repeatedly striking him with a closed fist. She also testified that she called Thiel back to the scene after the altercation while he was in the process of walking away, and that while he did return at that time, he later left again and did not return.
During cross-examination, it was noted on the record that Romanus had testified to having arrived an hour later for her shift than she actually had. Testimony in the trial continues today.