PITTSFIELD — A city man offered to remain sober to avoid being held on bail amid accusations he assaulted and kicked his roommate Thursday night.
Fifty-one-year-old Craig L. Avery's request was denied, and he was ordered held on $250 bail following his arraignment Friday in Central Berkshire District Court.
Police were dispatched to Onota Street about 8:20 p.m. for a report of an assault and battery. When police arrived, they spotted Avery running out of the back of the apartment building while they were speaking with the alleged victim.
Avery was located and detained.
The victim told police Avery had been antagonizing him earlier and escalated the situation by throwing water at him, slapping his cell phone out of his hand, breaking it, then punching him in the face, leaving a cut over his left eye.
Avery then allegedly pushed the victim, causing him to fall to the floor. While on the ground Avery allegedly kicked the man twice: once in the stomach and again in the leg.
Avery then left the room and the alleged victim called police from a neighbor's phone.
Prosecutors asked for $500 bail, due to Avery having used aliases in the past and a lack of community ties to help ensure his return to court.
Avery's attorney, Joseph Zlatnik, said the state's recommendation was reasonable, but offered to add a condition of no alcohol, if his client could be otherwise be released on his own recognizance.
Zlatnik said the two men have known each other for over 20 years and said the altercation began as, "two good friends drinking together."
Zlatnik said his concern was that Avery has no money of his own to post bail and being locked up could jeopardize a job opportunity as well as the veteran's services he moved to Berkshire County in hopes of accessing.
Zlatnik said Avery "ultimately will take responsibility" for his actions.
Judge Michael Ripps set the $250 bail with the added condition Avery refrain from further abuse of the alleged victim.
Avery is due back in court on April 20 for a pretrial hearing.
Contact Bob Dunn at 413-496-6249.