Suspect in beer bottle brawl must stand trial
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
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
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.