Scuffle At Stewart’s In Berlin

by David Flint
A Berlin man was arrested for an incident that occurred outside the Berlin Stewart’s Shop earlier this month. According to State Police spokesman Mark Cepiel, Timothy Button was arrested on July 12 and charged with Assault 3d degree and Disorderly Conduct.  He was processed at the State Police station in Sand Lake and required to appear in Berlin Town Court the following week. Assault 3d, a misdemeanor, carries a possible penalty of 1-3 years in jail and/or up to a $1,000 fine. Disorderly Conduct, a violation, can get one to 15 days in jail and/or a $250 fine.
[private]Police were called on July 8, about 9 pm, to the Stewart’s store in Berlin to investigate a report that two or three males were stomping and kicking a man on the ground. At the scene they interviewed the victim who was conscious and alert but complaining of injuries from the assault. The victim was attended to by members of the Berlin Rescue Squad and Mohawk Ambulance and subsequently air lifted to Albany Medical Center.
Police did not reveal the identity of the victim but local residents have said they believe he was residing in Berlin but was now homeless. Witnesses to the assault interviewed by police stated that a fight had broken out and that Timothy Button appeared to be the primary aggressor. The police report indicated that one witness stated that Button pulled into Stewart’s with his father and began verbally harassing the victim. This led to the two men shoving each other. The witness said that the victim had Button in a headlock, and the two men went to the ground. The victim was on top of Button, and both men were punching each other. The police investigation revealed that two other men helped Button gain the upper hand when the victim grasped Button in a headlock and he, allegedly, began turning blue while being choked. At some point Button was able to get up, and he began stomping and kicking the victim who remained on the ground.
Police contacted Albany Medical Center the next day and were informed that a full examination revealed that the only serious injury that was incurred by the victim was a fractured ankle and some slight lacerations and contusions to his face. However, Berlin Rescue Squad Captain Tammy Osterhout confirmed this week that the victim has been at Albany Medical Center and is just being released this week.
Berlin residents indicate that they believe the victim and Button knew each other and that the fight might have had something to do with a child custody battle involving the victim’s girlfriend.[/private]