Suspect in City Market parking lot assault says he was protecting others

A St. Albans man has denied an assault charge stemming from an incident in the downtown Burlington City Market parking lot that left another man with a skull fracture and brain bleeds.

Robert Beattie, 22, later told police that he had felt threatened by the person he later punched, Jonathan Kilian, and was acting to protect himself, a friend, and Kilian's girlfriend, court papers show. 

Beattie appeared in Vermont Superior Court in Burlington on Thursday. He is accused of aggravated assault, which carries a possible sentence of up to 15 years in prison. Judge David Fenster ordered Beattie released on conditions, including that Beattie have no contact with Kilian.

Attempts to reach Beattie's lawyer Brooks McArthur were not immediately successful Thursday.

More:Burlington police arrest suspect in City Market assault

Victim doesn't remember incident in City Market parking lot

The incident occurred during the early morning of Jan. 18, just after the bars closed for the night. Kilian told police he had been at Red Square much of the night, and he cut through the City Market parking lot to get back to his apartment. 

Kilian and his girlfriend told police they did not remember what led to the assault because both had been drinking, according to an affidavit.

More:Man knocked unconscious in City Market parking lot. Burlington police look for suspect.

Burlington police obtained surveillance video of the assault, which shows what appears to be a verbal exchange before the alleged assault. A friend of Beattie's appears to hold him back for several minutes before Beattie breaks free and strikes Kilian in the face. 

"I noted that when Jonathan was struck he had turned around to face Beattie, but he continued to walk away backwards," Detective Eric Dalla Mura wrote in the affidavit. "It also appears that Jonathan's hands remain at his sides."

Assault suspect gave his side of story to police

On Jan. 24, Burlington police issued photos of three people — a suspect and two people they believed may have witnessed the incident — and asked the public for help identifying them. 

Beattie reached out to police through his attorney and spoke to authorities on Jan. 28. 

Beattie said he was also at Red Square the night of the incident, but he did not know Kilian or remember see him earlier in the night. He said he was walking with a friend when they came across Kilian and his girlfriend. Beattie became concerned about the way Kilian was treating her, the affidavit states. 

"Beattie said Jonathan appeared to take offense to the intervention and became angry with him raising his voice," Dalla Mura wrote.

Beattie told police that Kilian began making threats about a gun and said that he was going to use it. In response, he punched Kilian, the affidavit states. 

"He described himself as having forward momentum when he punched Jonathan, possibly having leapt into the air," Dalla Mura wrote in the affidavit. 

Beattie's friend also confirmed the report to police, saying he had been trying to hold Beattie back. The friend, Jackson Batchelder, told police that after knocking Kilian to the ground, Beattie wanted to stay in the area to make sure Kilian was okay. Batchelder persuaded Beattie to leave the area, the affidavit states.

Batchelder said he helped Kilian's friends get him home, according to the affidavit.

Dalla Mura said Beattie's assertion that he punched Kilian because he felt the other two people were in danger from the threat of a gun does not appear to match the video of the assault. 

"The video shows that Beattie walks back to the group after the time Jackson said that a gun threat was made," Dalla Mura wrote. "The video also shows that Beattie appears to spend about a minute physically trying to get past Jackson as Jonathan walks away prior to being punched." 

Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at @LizMurrayBFP.