The apparent spillover from a dispute that originated with Internet postings has resulted in a downtown business owner being charged with punching another man.
Michael J. DeFranco, 50, of 107 Court St., Apt. 156, was charged by city police Thursday with second-degree harassment for allegedly punching Matthew M. Shoen, 33, of 6489 County Route 92, Lorraine, who was attempting to serve Mr. DeFranco papers on March 26.
According to City Court documents, the incident occurred at Mr. DeFranco's business, Computer Doctor, 104 Franklin St. Mr. Shoen said in a supporting deposition that he was working for H.R. George, private investigator, and went to serve Mr. DeFranco legal papers.
He told police that as Mr. DeFranco reached for the papers with his left hand "he swung at me with his right fist." Mr. Shoen said he "moved back defensively," but Mr. DeFranco's punch still landed, hitting him in the lip.
He alleges that Mr. DeFranco then hit him in the cheek with his left fist and "used his left arm and momentum from the left-handed punch to push me into the wall near the door." He claims the impact caused nearby items to fall on him, striking him in the shoulder. He claims Mr. DeFranco "was trying to hold me in the corner and was trying to punch me."
He said he eventually broke free from Mr. DeFranco, pushed him away and exited the store, leaving his hat behind. He then called his boss, William R. George, who told him to notify police.
Mr. DeFranco remembers the incident differently, according to his supporting deposition. He told police that when he rose "abruptly," Mr. Shoen "hit the door and spun to the left of the door." Mr. DeFranco said he put his hand on Mr. Shoen's shoulder to help him up and kept his hands on his shoulders as Mr. Shoen left the business, but he denied hitting him.
"I did not punch him, attack him or anything like that," Mr. DeFranco told police. "He might have thought I was when I put my hands on his shoulders to help him. It was not my intention to harm or intimidate him, but I am a big guy."
The incident stemmed from Mr. Shoen trying to deliver a document that was purported to be a "cease and desist letter" from Jon C. Sabin, South Colton, with whom Mr. DeFranco had argued over Internet postings.
Mr. DeFranco said earlier this month that he and Mr. Sabin have been feuding since Mr. DeFranco intervened in March in an online dispute on the Jefferson County Web board between Mr. Sabin and John A. Bang, who owns Compu-Techs, Chaumont.
Mr. Sabin claimed Mr. DeFranco had put negative references about him on Computer Doctor's Web site. Mr. Shoen was at Mr. DeFranco's business March 26 to serve the cease and desist letter, which contained no seal, stamp or affirmation from a court. The document demanded that Mr. DeFranco remove negative references to Mr. Sabin's blog or face court action.
Mr. DeFranco told police that when he asked Mr. Shoen "if he was Jon Sabin," Mr. Shoen nodded affirmatively and "mumbled something." It was then that Mr. DeFranco rose from his chair and went toward Mr. Shoen with his hand extended, at which time Mr. Shoen hit his head on the door, according to Mr. DeFranco.
Mr. DeFranco was issued an appearance ticket for City Court.