OSHKOSH, WI (WTAQ) – More serious chargers have been filed by prosecutors against a man accused of fatally punching another man outside of an Oshkosh bar.
Christopher Barry had been charged with one count of aggravated battery for allegedly punching Steven Mallas once on Oct. 7. Mallas died five days later from the blow to the face.
Prosecutors dropped the aggravated battery count in favor of a charge of second-degree reckless homicide, on Monday.
Under the original offense, the maximum penalty was 15 years in prison, but that has now moved to 25 years in prison for the new charge.
Court records do not show any court dates on the new charge, while Barry had been scheduled to stand trial May 21.
A friend of Mallas’ followed him out of the Boots Saloon in the early morning hours of Oct. 7, after a claim Mallas took $18 from the bar owner’s brother, according to the complaint.
The 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.”
The complaint continues, “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.”
An officer observed “what appeared to be dried blood on Barry’s fingers,” even though Barry denied being in a fight with anyone.
The complaint says 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.”
