WARREN - Surveillance video from the Warren Community Amphitheatre has cleared a man who was accused of assaulting someone at a concert Saturday night, according to police and court officials.
Charges of felonious assault, falsification and drug abuse-marijuana against Charles J. Zell Jr., 34, were dismissed Wednesday by Warren Municipal Court Judge Terry Ivanchak.
Zell had been accused of punching Joseph Marrez, 44, and knocking him unconscious during a KISS tribute concert about 9:30 p.m. Saturday. Several witnesses pointed out Zell to police and told officers he had "coldcocked" Marrez for no reason.
However, city Assistant Law Director Traci Timko Rose said a video shows an altercation took place before Zell threw the punch, and clearly shows that Zell was defending himself from several other people.
"I don't consider it a bad arrest because based on the information the officers had at the time, including written statements from several witnesses, they had probable cause to arrest Mr. Zell,'' Timko Rose said Thursday.
''The witnesses only saw the second half of the altercation. The video shows the entire incident," she said.
Detective Geoffrey Fusco, who arrested Zell, said the video shows Zell walking toward the beer table, with Marrez and his brother walking behind him. Fusco said the men were on either side of Zell and they said something to him before knocking off his hat.
The video shows Marrez swinging at Zell from the side, but it's hard to tell if the slap actually connected, Fusco said. A short time later, Marrez and his brother walked up to Zell, who kept backing away.
The video then shows Zell punching Marrez, knocking him out.
"He hit him pretty hard," Fusco said.
Marrez was treated for cracked ribs and received stitches in his head, according to a police report.
Fusco said he brought the surveillance tape to Timko Rose, who recommended showing it to Ivanchak. The judge dismissed the charges and ordered Zell to be released from jail after seeing the tape, he said.
Zell, who lives at 1571 Deerfield Ave. S.W., said on Thursday that he is unhappy with the way things went, but is happy there is a camera at the amphitheater that cleared his name.
"Even if it was several days later, I am happy the truth came out," he said.
He said the altercation was the result of an ongoing dispute between Zell and some of Marrez's friends.
Wednesday's dismissal headed off a hearing in the case set for Thursday, which also was Zell's trial date on charges of domestic violence and resisting arrest from an April 16 incident at 447 York St. N.W., where a woman said Zell began yelling at her when she returned from the store and knocked the groceries out of her hands.
Zell pleaded no contest to a reduced charge of disorderly conduct and was ordered to attend anger management classes, court records show. A charge of resisting arrest was dismissed.