Emotional testimony in Jono case

Grand Rapids, Mich. (WOOD) - Was it a violent kick or an awkward glance that struck Jonathan "Jono" Krystiniak in the head the night he was beaten after leaving a downtown Grand Rapids bar? The former college football player later died from the injuries he received.

A witness in the trial of Eric Freeman, one of five men accused in taking part in the beating, was at the center of a debate between the prosecutor and defense attorney as to how hard the alleged kick to Krystiniak's head was after he was knocked to the ground by a punch from another defendant.

"You saw Eric's foot make contract with the victim's face," a detective is heard asking witness Alex Chavez during an interview shortly after the beating in January 2008.

"Um, well, I seen Eric kick him," Chavez answers. But Chavez later said it was a more of an awkward move with his foot rather than a full swing.

"That's a kick," argued prosecutor Chris Becker.

Defense attorney Damian Nunzio argued Chavez said it because detectives threatened to send him to jail.

Freeman was part of a group of young men who got into a verbal argument with Krystiniak earlier that evening at the Margarita Grill. The downtown bar closed last summer after pressure from city commissioners over problems connected to the bar.

Freeman claims he did not kick Krystiniak in the head.

His attorney threatened to ask for a mistrial shortly after testimony began.

Pictures taken of Kristiniak's injuries were shown as part of the prosecutions case against Freeman. But his bloodied face was too much for one family member, who was lead from the courtroom.

"It wasn't an outburst or anything like that. I certainly heard it myself. I would not describe it has anything that was intentionally done or outrageous in any way," said Judge Christopher Yates. "Just a normal human reaction to a very difficult picture to see."

But Freeman's attorney, Damian Nunzio, said he worried about his client's right to a fair trial.

"If I hear it again, I will be requesting a mistrial with respect to the emotional outbreak in the courtroom because it's unduly prejudicing my client."

Freeman is the only suspect to stand trial in the case.

Ryan Simonson and Milton Lopez, each 19, pleaded guilty to manslaughter. Casey Therriault and Luis Gaston both plead guilty as well.

24 Hour News 8 will continue to follow this trial.