Man who punched Wells gets 45 days

NEW YORK (AP) -- The man who punched New York Yankees pitcher David Wells and knocked out two of his teeth was sentenced Wednesday to 45 days in jail.

Rocco Graziosa was jailed immediately following the sentencing after Criminal Court Judge Robert M. Stolz denied a defense request for bail. The judge also ordered three years probation for Graziosa and signed an order of protection for Wells.

Graziosa, a bartender who lives in Yonkers, called the attack an "unfortunate circumstance" and said he was a decent hardworking man who had accepted responsibility for what happened. He did not apologize to Wells.

Stolz said the punch was "more than an unfortunate circumstance. It was a crime, and the jury found that it was of your own making. I'm not going to treat this as an act of fate. You've got to learn that there's a price to be paid for everything."

A jury convicted Graziosa on Nov. 22 of misdemeanor assault for hitting Wells during a dispute inside a diner last Sept. 7.

All sides agreed that the conversation between Wells, Graziosa and his friends when they introduced themselves was pleasant enough until it deteriorated to insults.

Wells testified that Graziosa repeatedly cursed at him, mocked his weight and insulted his late mother.

Wells testified that when he got up and approached Graziosa's table to say "enough is enough," the 5-foot-7, 150-pound man landed a sucker punch on his jaw.

Wells lost two teeth, requiring seven hours of dental work the next day, and cut his head on a table as he fell. Meanwhile, he said, Graziosa and his friends celebrated by exchanging high-fives and laughing.

Graziosa's lawyer, Henry Mazurek, said his client hit Wells because he was afraid Wells, who is 6-foot-4, 245-pounds, was about to attack him. He said Wells was "stinking drunk" and Graziosa knew his reputation for aggressiveness.

Wells testified that he never touched the defendant.

In a statement to the Department of Probation, Wells said that since the attack he has received death threats, obscene telephone calls and has been ridiculed by other baseball players.

Wells' lawyer, Mel Sachs, said his client had "put his trust in the justice system and he now knows that trust was justified."

Mazurek said he will apply to the Appellate Division immediately for bail for Graziosa while the case is being appealed.

 

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