Tonawanda News

December 16, 2013

Town: Ying attorney asks for charges to be dismissed

Amy Wallace
The Tonawanda News

Tonawanda News —

Jim Ying, owner of Ying's Wings and Things in Tonawanda, appeared in town court Monday, with attorney John Lavin, to face charges of second-degree strangulation and second-degree assault. 

He plead not guilty to those charges Wednesday after his arrest for allegedly attacking an employee at 10:15 p.m. Tuesday night at the restaurant.

"The victim was standing near the front counter of the business when Jim told him to do something," Capt. James Carosi stated Tuesday. "The victim said, 'I can do it in a minute, or 'hang on, it can wait,' or something to that effect. It apparently made Jim very upset.'"

Ying allegedly reached around the 26-year-old victim from behind, putting him in a choke hold. The victim told police that he lost consciousness, and he landed on the floor, suffering a cut to the back of his head.

Lavin presented a motion to dismiss the second-degree strangulation charge, which is a felony, against his client stating that there is precedent that for it to be a felony there needs to be specific intent. 

Judge Daniel Cavarello denied the request to dismiss stating that "the charges include conduct that seems to me rises to the level of felony."

Cavarello stated that for a strangulation charge, the act must lead to unconsciousness which they allegedly did in this case.

The Assistant District Attorney Julie Fiske also asked for further time to investigate the charges.

Cavarello granted her request on a short-term basis. Ying is expected back in court on Dec. 23. 

Ying is planning to close the Tonawanda location of his restaurant.

Ying was just in town court prior to that to plead not guilty to a criminal nuisance charge. The charge on Nov. 17 came after a shooting outside the restaurant he owns injured one person.

The charge was the fifth criminal nuisance charge Ying has faced since he began holding Saturday night college parties for patrons 18 and older in September, which he has since stopped hosting.

Ying is closing the Tonawanda location of his restaurant.