Parking Space Beating Suspect "Acted on Instinct": Lawyer - NBC New York

Parking Space Beating Suspect "Acted on Instinct": Lawyer

She remains in a coma after the dispute a week ago



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    A 25-year-old woman who was saving a parking spot for her boyfriend in the East Village was beaten into a coma by a furious driver who wanted the space.

    Oscar Fuller has been charged with felony assault in the case.  But according to the Daily News, he feels he should have only been charged with a misdemeanor.

    "My client acted on instinct," his lawyer Thomas Kenniff said. "He didn't act on intent. We punish intent and foreseeable acts."

    The New York Post said Kenniff and his client believe that "At most, the charge should be misdemeanor assault."

    Lana Rosas was trying to hold the spot between two other parked cars on East 14th Street last Friday when Fuller pulled up in a minivan.

    After she explained he was saving the spot, Fuller jumped out, started screaming at her, and then punched her in the face "with so much force that the woman flew off her feet," the Post said, citing court papers.

    According to witnesses he hit her several more times before speeding off.  Stunned onlookers took down his license plate number.  He was tracked down at his home in Jamaica, Queens.  The father of two, who has an arrest record, says he's "praying" for his victim.

    The paper said Rosas is clinging to life at Bellevue Hospital, and it is not clear whether she will survive.

    "She was on a date with the man she loves, and this horrific thing happen to her," the victim's mother told the newspaper.

    Kenniff told the Post that Rosas, described by friends and family as 100 pounds and 4 feet 11 inches tall, started the fight.

    "She hit him in the face," Kenniff said. "My client has the injuries to prove it."