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Fight after remark ends in felony assault charges

Victim said he 'blacked out'

Butler police are seeking two men accused of a weekend attack at a city home that left another man unconscious and badly injured.

Wanted on felony assault charges are 21-year-old Dakota John McFarland and 35-year-old Jeremiah Scott Fleeger. Neither man has a known address.

The victim, Julian Bindernagel, 22, was taken to Butler Memorial Hospital for treatment after the alleged assault Saturday night at his home in the 300 block of West Cunningham Street.

Police on Sunday morning spoke to Bindernagel in the hospital's emergency room. He identified McFarland and Scott as his assailants — and his friends, according to court documents.

Bindernagel recounted that the three of them were drinking whiskey on his front porch Saturday when McFarland made a rude comment about the victim's sister.

Police said Bindernagel took offense to the remark and told his friends to leave. The defendants walked off the porch but remained standing near a van belonging to the victim's father.

Bindernagel approached them and told them a second time to leave, documents said.

“At this point,” according to a police affidavit, “Bindernagel stated he is unsure what happened but woke up on the ground being strangled by McFarland.”

He said he “blacked out” while being choked. The affidavit said that when Bindernagel passed out, the suspects assaulted him.

Police described the victim's injuries as a severe bruise on the left side of his face. He also had a serious cut to the lip and several marks on his neck.

He was treated for his injuries and later released.

McFarland and Scott are both charged with aggravated assault. McFarland also is charged with strangulation, a misdemeanor.

District Judge William Fullerton issued arrest warrants for the defendants Monday.

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