A Norwalk man accused of nearly biting off his neighbor's eyebrow has been indicted by a grand jury.
Roger Oates, 48, of 13602 Arlington Road, was indicted Wednesday by an Erie County grand jury on a charge of felonious assault.
Ironically, the last names of the victim and suspect are the same as the pop duo (Hall & Oates) that created hits such as "Maneater."
Oates and Ronald Mantz, 53, of 13319 Milliman Road, initially were charged with felony assault, resisting arrest and obstructing official business in connection with the incident.
According to an Erie County Sheriff's report, deputies were dispatched to Arlington Road for an assault complaint in mid December.
The victim, Scott Hall, reported he was bit above the eye by someone who had already left his residence.
Hall told police he was in the garage of his home watching football when Oates, who is his neighbor, and one of Oates' friends, Ronald Mantz, pulled into the driveway. Hall said he confronted the men in his driveway. Hall further said Oates became angry because he would not testify in court on his behalf over an underage consumption complaint.
Hall told deputies that Oates "almost immediately charged" at him in a "bull rush" fashion. Hall further advised Ronald had come around behind him and he "was taken to the ground by both subjects."
Hall said he was striking Roger while he was on the ground to defend himself. He also reported being struck by Oates and possibly Mantz. During the altercation, Hall said Oates bit him above the left eye, causing the injury to his head.
According to the deputies, "there was a significant cut to his left eyebrow region in the shape of a bite."
After the incident, the parties separated, and Oates and Mantz left the scene, heading toward Oates' residence. Hall told deputies Oates and Mantz were intoxicated.
Deputies then went to Oates' home at 13602 Arlington Road.
Deputy Justin Smith wrote in his report that as he rounded the corner to the back of the residence, he observed officers struggling with someone on the back porch. The person was later identified as Oates, according to the report.
He was "refusing to go to the ground and attempting to pull away from deputies. I deployed the Taser probes into Roger's abdomen area," Hall said. "Roger continued to struggle, at which time I applied a drive stun to his back and shoulder region in order for us to gain positive control of him. During the altercation, Ronald Mantz emerged from the residence and was also refusing our instruction to get on the ground. Ronald was belligerent and yelling. Ronald resisted Sgt. McGlothlin and Deputy Valdiff's efforts to place him in custody and was escorted to the ground, where he was finally handcuffed."
The suspects were taken to patrol cars.
"Both appeared to be highly intoxicated and continued to yell prior to us leaving the residence," Smith said. "I had North Central EMS respond to the scene and remove the Taser probes from Roger.
Both men were taken to the Erie County Jail.