A grand jury will be getting the case against Molly's Pub manager Jeffrey Basil, charged with felony assault for allegedly "launching" William Sager Jr. down a flight stairs at Molly's May 11.
Sager remains in a coma at ECMC. Defense Attorney Joel Daniels argued that if Basil is held, it should be on a lesser charge and reduced bail.
"Based on a number of recent cases in the last half-dozen years, we don't believe the proof will measure up to establishing depraved indifference. It may establish a lesser charge of assault, but not assault in the first degree," Daniels said, following the Friday afternoon hearing.
At the hearing, Buffalo Police Officer Adam O'Shei testified Basil shoved Sager so hard he landed at the bottom without hitting one stair.
The other off-duty officer working security in the bar at the time, Robert Eloff, pled his Fifth Amendment right against self-incrimination.
Daniels' request was denied and Basil is being held on the original charge. Bail was kept at $250,000.