Barry Patterson, who is facing attempted first-degree murder charges after he attacked his roommate James Vandergriff with a baseball bat, will have to wait for his preliminary hearing in Sessions Court. The roommate is still recovering from the assault and was unable to be in the courtroom.
The prosecutor argued that an extension should be granted in waiting for the preliminary hearing, arguing that the bar for “extraordinary circumstances” had been cleared. Defense attorney Erin O’Leary argued against granting a continuance.
She cited the fact that the victim has never been interviewed by police in the first place, and that did not stop the arrest from being made. She also said that because of the severe brain injury the victim had sustained, there was no telling how long it would be before he would be able to testify.
After some brief thought, General Sessions Court Judge Christie Sell granted a continuance for the state, as she considered the circumstances to be extraordinary. Patterson will appear back in court on March 17, and the next course of action will be decided then.
Police responded to an assault call on March 1, and found James Vandergriff suffering from injuries he suffered a few days earlier. There was blood in several rooms within the New Jersey Avenue residence.
Police said Patterson, 63, confessed to hitting Vandergriff three times with a PlayStation console. According to police reports, Patterson said it was in self-defense “because the victim was threatening him with a knife.”
After even more questioning, Patterson allegedly then recanted his story and admitted to lying. That Thursday, the two men had been arguing about a space heater when Vandergriff allegedly hit Patterson and threatened to cut Patterson’s neck with a knife.
After Vandergriff left the room, Patterson allegedly picked up a baseball bat and followed the victim into the other room. He then reportedly hit the victim three times and said “Are we even?”
Patterson hid the bat on Sunday in the backyard and then called police. Because Vandergriff suffered life-threatening injuries because of the alleged assault, Patterson was charged with attempted first-degree murder.