The date motions are required in the trial of three Herkimer County Community College students involved in a fight on April 25 has been set for August 15.
Herkimer County Judge Patrick L. Kirk on Wednesday granted additional time for further discovery and information gathering by attorneys prior to this final step before trial.
The three students David Altman, 20, Basil Chambers, 18, and Brian Johnson, 21, all of Brooklyn, each plead not guilty previously in Herkimer County Court.
All three were originally charged with second-degree assault, a felony, and Chambers and Johnson were also charged with possession of a weapon. Altman’s charge was reduced to third-degree assault, a misdemeanor.
The setting of the motion deadline followed negotiations in the judge’s chambers.
At the pre-trial hearing yesterday, Judge Kirk met with all of the defendants’ attorneys.
Following the meeting, Audrey Dunning representing Johnson, and G. Gerald Fiesinger representing Altman, both said it would be inappropriate to comment on specifics of the case or the possibility of avoiding a trial.
But Fiesinger did say avenues for resolving the case were discussed with the judge and Assistant District Attorney Jeffrey Carpenter.
After the attorneys presented their arguments Judge Kirk, “gave us some direction...,” said Fiesinger.
Contradicting an earlier statement by the judge allowing the defendants to be absent from the pre-trial hearing, Carpenter asked for the defendants to make the trip from Brooklyn, according to Fiesinger.
Chambers was the only defendant not in attendance.
The request stemmed from a desire to allow attorneys to consult with their clients immediately, especially regarding offers to resolve the case.
Basically, a way to speed up the negotiation process.
“It is an ongoing process,” said Fiesinger, explaining that now the attorneys must submit their motions for a court decision by August 15, at which time the assistant DA makes a reply.
After the hearing with Judge Kirk, Carpenter met with the attorneys.
Attempts to contact Carpenter received no response.
If no agreement can be reached, the setting of a trial date follows the filing of motions.
Current facts of the case include:
• The incident occurred around 6:30 p.m. on April 25 at the Campus Meadows parking lot at HCCC.
• It started after Chambers leaned on a red car, which belonged to a friend of one of the identified victims. After an exchange of words, the incident escalated, according to court testimonials from Johnson and Chambers shortly after the incident.
• Altman punched the first of two victims in the back of the head, causing him to fall to the ground. While the victim was on the ground, allegedly Chambers and Johnson struck him with lacrosse sticks which caused injuries to his head, neck and back, according to court documents.
• Documents stated a second victim was assaulted by Chambers and Johnson. The second victim was struck in the face and body with the lacrosse sticks, being sent to Little Falls Hospital with broken bones in his face.
• The defendants did not own and were not carrying the lacrosse sticks, and the fight lasted seven to eight minutes, according to the documents.


