A Jefferson County Court jury will decide whether a town of Rutland man acted within his legal rights when he allegedly punched a man who had come to his home in the middle of the night in November 2011.
Andrew A. Wren, 24, is on trial for third-degree assault, accused of punching Colby D. Roy in the face on Nov. 24, 2011, at Mr. Wrens residence at 18799 County Route 162.
Mr. Roy suffered a broken jaw and lost several teeth, injuries for which he is still undergoing treatment.
Mr. Roy, 26, Watertown, testified Monday that his sister drove him to Mr. Wrens residence after he spent the night drinking to let him talk with his estranged wife, Melissa, who had moved in with Mr. Wren a month prior.
Mr. Roy said he intended to just drive by the home, but he stopped when he saw lights flashing inside, leading him to believe his wife, with whom he was exchanging text messages, wanted to talk with him.
He said his sister parked in the road next to the property and he never stepped on the property.
As he got out of his truck, he claimed Mr. Wren sucker-punched him, knocking him to the ground and repeatedly striking him in the head.
I was just trying to get away from him, Mr. Roy testified. I couldnt even put my hands up to try to defend myself.
Mr. Roy said he never threatened Mr. Wren or his wife, although defense attorney Mark C. Curley, Syracuse, questioned Mr. Roy about an earlier text he had sent Mr. Wren in which he made a statement that could be interpreted as a threat.
Mr. Roy testified he did not recall sending the text, but conceded he was going through an emotional time after learning his wife was in a relationship with Mr. Wren.
Mr. Curley also suggested that Mr. Roy encroached farther onto Mr. Wrens property than he had testified, although Mr. Roy denied that.
He said the only time he went onto Mr. Wrens property was when he was on the ground trying to get away from him.
Testimony is scheduled to resume this morning.