Court records: assault victim pointed gun at man before alleged attack
(ABC 6 News) – A Rochester man accused of assault only punched his alleged victim after said victim pointed a gun at an associate, according to court records.
Police took 26-year-old Xavier Abreu-Vasquez into custody March 17, after he allegedly attacked a man at Los Jarritos Cafe.
Abreu-Vasquez was officially charged with 3rd-degree assault–substantial bodily harm and disorderly conduct Tuesday, March 19.
According to his charging documents, surveillance footage of the Los Jarritos parking lot showed the adult male victim and Abreu-Vasquez with two other males around 1:11 a.m.
One of the males ran in front of the victim, who pulled out a gun and pointed it at the male, according to court documents.
Abreu-Vasquez later told law enforcement that the man had “racked the slide” before putting the weapon back in his pocket.
According to court documents, surveillance video showed that Abreu-Vasquez punched the man in the face, knocking him to the ground, then punched him again.
Court documents claim the alleged victim had a concussion and nasal fracture.
ABC 6 News has asked Rochester police whether they are recommending 2nd-degree assault charges for the alleged victim, and will update this story with the answer.
—–PREVIOUS STORY—–
(ABC 6 News) – Rochester police took a Rochester man into custody Sunday morning, following an incident at Los Jarritos Café.
According to public information officer Amanda Grayson, police suspect 26-year-old Xavier Abreu-Vasquez of punching a man into the face, knocking him to the ground, and punching him more.
The victim was taken to St. Marys with serious, but not life-threatening injuries while Abreau-Vasquez faces a recommended charge of 3rd-degree assault, Grayson said.