Trial ordered for OC resident accused in beer-bottle attack foll - San Diego, California News Station - KFMB Channel 8 - cbs8.com

Trial ordered for OC resident accused in beer-bottle attack following Chargers-Cowboys game

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SAN DIEGO (CNS) - An Orange County man accused of smashing a beer bottle over a fan's head following the Sept. 29 Chargers-Cowboys game at Qualcomm Stadium must stand trial on a charge of assault with a deadly weapon, a judge ruled Monday.

Ramon Heredia, who is out of custody on $30,000 bail, faces up to four years in state prison if convicted, said Deputy District Attorney Adam Gordon.

Joshua Zumwalt, 31, testified that he had just arrived back at his tailgate section after the game when a group next to his started talking "trash" to his Chargers friends.

Zumwalt -- who was wearing a Dez Bryant Cowboys jersey -- said his group had been friendly with the defendant's group of Cowboys fans before the game.

Zumwalt said he thought he was sucker-punched from the side, and didn't know he was hit with a glass bottle until later.

The victim denied having to be restrained to get at the other group before he was attacked.

"I'm not a fighter. I just wanted my point to be heard," Zumwalt said.

He said he got really upset when a friend was also hit with a beer bottle.

Zumwalt -- who stands 6 feet 5 inches tall -- testified that he had about six or eight beers before the game and three or four at the game.

He said he was "feeling pretty good" and a "little more than buzzed" when he got out of the game.

"I don't think I was out-of-control drunk," said Zumwalt, who denied telling police that he pushed a woman prior to the melee, which was captured on video by someone using his cell phone.

The footage shows Heredia, 41, and an unidentified man striking two men about the head with beer bottles, according to police.

Zumwalt said he did not see a doctor for his head injury but believed he suffered a concussion. He said he missed a day of work due to the injury.

The second man seen in the video striking a victim on the head was not caught.

Judge Michael Smyth ruled that enough evidence was presented at today's preliminary hearing for Heredia to stand trial Feb. 28. A readiness conference is scheduled Jan. 17.

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