OSHKOSH, WI (WTAQ) – A man accused of delivering a fatal punch pleaded not guilty on Monday.
Christopher Barry is being charged with second-degree reckless homicide after allegedly punching Steven Mallas, who died five days later from complications from the blow to the face.
At Monday’s arraignment, no trial date was set and Barry returns to court on August 26 for a pre-trial conference.
A friend of Mallas’ followed him out of the Boots Saloon in the early morning hours of October 7, after a claim that Mallas took $18 from the bar owner’s brother, according to the criminal complaint.
As they were walking down the street, the complaint states, “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.”
According to the complaint, Barry denied being in a fight with anyone, although an officer observed “what appeared to be dried blood on Barry’s fingers.”
Additionally, Mallas suffered a broken jaw that had to be wired shut.
According to the complaint, “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.”
