Date set for first trial in bar-punch case
Judge postpones to Feb. 16 in punching death of Eric Hysell
The trial for a man charged in the first of two fatal bar-punch cases at a St. Clair Shores establishment has been pushed back to February due to COVID-19 pandemic restrictions.
Andrew Werling, 35, is accused of punching and causing the death of Eric Hysell, 56, in May 2018 outside the rear door of Kapones Sports Tavern. Hysell died three days after the incident.
Werling is charged with involuntary manslaughter, punishable by up to 15 years in prison.
A jury trial has been scheduled for Jan. 13 but Judge Julie Gatti of Macomb County Circuit Court on Monday postponed it to Feb. 16 because jury trials remain on hold at the courthouse under coronavirus restrictions. Trials for early January already have been pushed back.
Gatti also scheduled a Jan. 28 “final pretrial” when she should know if jury trials will resume in February.
The case is somewhat similar to the more recent incident, nearly a year ago, in which Shawn Kubic was punched by Hatum Akrawi inside the Harper Avenue bar. Kubic, 46, of St. Clair Shores, fell, hit his head on the floor and died five days later. The blow delivered by Akrawi has been described by authorities as a sucker punch.
Akrawi, 34, of Fraser, recently pleaded guilty to involuntary manslaughter and is scheduled to be sentenced Feb. 11.
Kubic’s family has publicly protested the dismissal of second- degree murder against Akrawi by Judge Mark Fratarcangelli of 40th District Court in St. Clair Shores. Circuit Judge Carl Marlinga in October refused to accept Akrawi’s guilty plea but was disqualified from the case by Chief Judge James Biernat Jr. on the defense’s claim of bias due to Marlinga questioning Fratarcangelli’s decision, calling it “plain error” and basing his skepticism on viewing video of the incident on a TV news report.
Akrawi’s plea was accepted last week by the new judge, Michael Servitto.
Bar patron Johnny Rittenberry, 40, of Warren, who poured a drink on Kubic as he laid on the floor, recently pleaded no contest to assault and battery, a misdemeanor punishable by up to 93 days in jail. A sentencing date has not been scheduled.
In the case from over 2-½ years ago, Werling, who worked next door, intervened in a scuffle between Hysell and a third man, Mark Foster, on May 30, 2018, outside the bar’s back door, police said. Werling punched Hysell after Foster fell to the ground. Hysell’s head hit the glass door. Foster and Hysell were arguing over owed money.
Hysell was taken to St. John Hospital and Medical Center in Detroit, where he was put into a medically induced coma and died June 2, 2018.
Werling’s attorney, Craig Tank, told The Macomb Daily two years ago that video of the incident will back Werling’s claim of self-defense.
Werling has been free after posting a $10,000 bond.
Foster, 55 at the time, was convicted by plea of assault and battery in that case, pleaded no contest to disorderly person and was sentenced to one year probation.