OSHKOSH, WI (WTAQ) – A judge has ordered the suspect in a fatal argument to be brought to court by any means necessary.
34-year-old Christopher Barry refused to leave his jail cell for a hearing Friday and judge has ordered the jail “to use any force necessary to have the Defendant brought to court for (the) next appearance,” court records show.
He faces one count of aggravated battery for allegedly punching Steven Mallas once on Oct. 7 in a dispute over eighteen dollars.
According to the criminal complaint, five days later Mallas died from the blow to the face.
The trial for Barry was scheduled to begin on Tuesday and he was supposed to appear in court Friday for a final pre-trial conference.
The trial was postponed after Barry refused to come out of his cell.
Court records show that Judge Scott Woldt has issued the “any force necessary” order for a plea & sentencing hearing set for April 29.
Previously, Barry refused to attend a preliminary hearing in October.
A friend of Mallas’ followed Barry out of the Boots Saloon in the early morning hours of Oct. 7, after a claim that Mallas took $18 from the bar owner’s brother, according to the criminal complaint.
The criminal complaint states that as they were walking down the street “Barry drove a white van up to the middle of the street, got out, walked past her, and punched Mallas in the face.”
“After Barry punched Mallas, Mallas fell to the ground and then Mallas pulled out his wallet and gave it to her stated that he didn’t have the money taken from the bar. (The friend) stated that she looked in the wallet and saw $4 so she took it and gave it back to the bar owner’s brother,” the complaint states.
The complaint goes on to state that Barry denied being in a fight with anyone, although an officer observed: “what appeared to be dried blood on Barry’s fingers.”
It also says that Mallas suffered a broken jaw that had to be wired shut.
“Mallas suffered from edema into his chest area and he had bronchial pneumonia. Detective Petit reports that Dr. Kelley stated that there was also swelling and infection due to the broken jaw. Dr. Kelley stated that pending toxicology, Mallas’ death stems from the broken jaw,” according to the complaint.
