Judge Rules Murder Charge Stands Against Deaborn Man In Death Of Soccer Referee
DETROIT (WWJ/AP) - A Wayne County District Court judge has denied a request to downgrade a murder charge against a Dearborn man who killed a soccer referee with a single punch.
Bassel Saad's attorney told Judge Thomas Cameron that the second degree murder charge should be changed to manslaughter because the previous judge assigned to the case abused her discretion and used she used "inflammatory and emotional remarks" stating that Saad would have known the assault would lead to certain death.
Judge Cameron disagreed and refused to change the charge.
Also during proceedings Tuesday, Cameron ruled that details of a prior incident involving Saad can ot be included as evidence in the trial. The prosecution tried to include a 2005 altercation after which Saad get charged with a misdemeanor and was sentenced to probation. The defense argued that the victim in that case wasn't seriously hurt.
Cameron also said pictures of Saad from the day of the fatal soccer game are admissible.
Prosecutors and police say Saad, 36, punched John Bieniewicz on June 29 as the 44-year-old referee was preparing to red-card and eject Saad during a Michigan United Soccer League adult league game in Livonia.
According to witnesses, Bieniewicz reached into his pocket and was in the process of pulling out a red card when he was punched. [HEAR THE 911 CALL]
The Wayne County Medical Examiner's office says the blow knocked Bieniewicz out before he even hit the ground. He died two days later at a local hospital. The cause of death was "blunt impact to left side of his neck" the Medical Examiner said.
Saad's attorney Cyril Hall said his client, who does not deny he punched Bieniewicz, is sorry for his actions.
Hall said he doesn't agree with the judge's ruling on the murder charge.
"I appreciate the fact that the judge did his own research. Of course, I think our position was correct. I think that the charge should have been reduced," Hall told reporters.
There will be another ruling on Monday concerning the autopsy photo and whether the prosecution can use those in the trial.
Saad faces up to life in prison if convicted when the case goes to trial in February.
Bieniewicz lived in Westland with his wife and two sons.
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