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October 29, 2009

Man accused in beer bottle attack claims self-defense

By Cass Rains, Staff Writer

An attorney for a man accused of assault and battery with a dangerous weapon said his client was acting in self-defense when he struck a man in the neck with a beer bottle.

Yul Omar Reyes, 21, faces up to life in prison if convicted of the felony charge.

During Reyes’s arraignment Thursday, attorney Robert Faulk argued Reyes was acting in self-defense.

“The fact is that the alleged victim struck Mr. Reyes first,” Faulk told Special District Judge Paul Woodward.

He asked the court to set bond, which was set following Reyes’ arrest at $500,000, to $20,000.

Faulk said Reyes was a lifetime resident of Garfield County and up until his arrest was employed full time.

Assistant District Attorney Josh Davis told the court a probable cause affidavit filed in the case accuses Reyes of striking a man with a bottle in the neck repeatedly. He said the man, Randy Smith, had to undergo emergency surgery to save his life after his carotid artery was cut.

“Striking someone with a broken bottle repeatedly negates the self-defense argument,” Davis told the judge.

Woodward ordered Reyes to return to court Dec. 14 for a bond appearance and set bond at $250,000.

According to an affidavit filed in the case, Enid Police Department officers responded about 12:55 a.m. Oct. 17 to 2529 N. Jefferson on a report of a person being stabbed.

When officers arrived, they found Smith lying on the ground near the driveway of the residence bleeding profusely from the neck and head. Smith was taken to Integris Bass Baptist Health Center by ambulance.

Three witnesses told police they saw an argument begin between Reyes and Smith. Two of the witnesses were told to leave by a woman who lives at the residence and said they were standing by the door when they heard Smith say he was going to his father’s house.

According to the affidavit, all the witnesses said Reyes became upset and asked Smith why he was talking about his father. After a short argument, Reyes picked up a glass beer bottle from a table and hit Smith in the neck, according to the affidavit. The witnesses told police the bottle did not break and Reyes hit Smith in the neck again. The bottle broke and caused a large cut on Smith’s neck. The witnesses told police Smith fell to the ground, and Reyes continued to hit him repeatedly with the broken bottle, according to the affidavit. Two of the witnesses tried to pull Reyes off Smith and said Reyes left with his girlfriend on foot.

Police spoke with the girlfriend’s father, who said he received a call from his daughter at 12:29 a.m. to pick them up.

He told police they got into his truck and he saw both of them had blood on them, according to the affidavit. The man said his daughter told him they had both gotten into a fight at 2529 N. Jefferson. He told police he dropped both of them off at Reyes’s house about 12:45 a.m.

Smith suffered about nine cuts and/or punctures to his head, neck, abdomen, face and chest. Smith underwent emergency surgery at Bass to save his life, according to the affidavit.

Faulk said further evidence will show his client acted in self-defense.

“We believe that he acted justifiably in self-defense and we believe the evidence will end up showing that in the end,” Faulk said. “The alleged victim in this case threw the first punch and the result was a fight started by the alleged victim in this case.”

Reyes was ordered to return to court Dec. 14 for a bond appearance.

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