Rarity of one-punch deaths, defendant's level of intoxication discussed at evidence hearing in Langlais manslaughter case

Eric Langlais confers with defense lawyer Joseph Welsh of Samdperil and Welsh on Thursday during an evidentiary hearing in Strafford County Superior Court. (Rochester Voice photo)

DOVER - The Barnstead man charged with manslaughter in the death of Bang N Jane drummer Jim Unfonak last year was in court on Thursday as prosecution and defense lawyers haggled over evidence issues that could play a pivotal role in his upcoming trial.

Unfonak died Feb. 1, 2016, after being punched in the head the night before in the parking lot of Gary's Sports Bar.

Langlais, 42, is charged with manslaughter for allegedly causing Unfonak's death and faces up to 30 years in prison.

The two major issues discussed on Thursday were whether the defense should be able to call two expert witnesses who would testify that deaths resulting from one punch were extremely rare and the prosecution's intent to bring forward the argument that Langlais was extremely intoxicated which led to his belligerence that night at Gary's.

Jim Unfonak (Courtesy photo)

"Recklessness doesn't result from knowledge of dangerousness," argued Assistant County Attorney Tim Sullivan on the first issue. He added such testimony would just confuse jurors.

Judge Mark E. Howard then brought up the "awareness of relevant risk," adding, "this type of risk is not common."

Sullivan noted that what Langlais was aware of was the force that he had with his right hand. In a police affidavit on the case Langlais described his right hand as delivering his "knockout" punch.

Defense attorney Joseph Welsh of Samdperil and Welsh countered that people aren't generally aware a single punch causes death. He said he had two experts with longtime careers in medical examiners' offices who would testify so. He said one said he had never encountered it in all his years of practice, while the other noted only one.

"Experts say it's rare," he said, adding that the testimony would help to instruct the jury as to did Langlais consciously disregard a risk.

Sullivan then asked if his risk knowledge of such a punch would include Unfonak's falling down and fracturing his skull?

Walsh ended the arguments by saying if the state wanted to prove the defense expert witnesses lacked relevance he should do it under cross-examination.

Regarding the second issue over Langlais' possible level of intoxication that night, Sullivan noted that the defendant had been shut off at Cara's Irish Pub in Dover before traveling to Gary's.

He said Langlais had come into the Dover bar, immediately argued with personnel there and was barred and when he came to Gary's he was buzzed and belligerent and continued drinking.

The defense countered that Langlais had no physical altercation with Unfonak inside the bar, that it was other patrons.

Walsh also argued against allowing the state to say Langlais was shut off at Cara's, especially since there was no BAC or field sobriety test administered.

"Some places are more lenient and other less," he said, to which the judge agreed.

Sullivan rebutted that it was clear he was heavily intoxicated, noting that he told police after the incident he "wasn't clear" what happened at Gary's that night.

Also charged in the incident were two local women, sisters Mandy Patch, 37, of Old Milton Road, Rochester; and Laurie Henner, 41, of Whitebirch Lane in Farmington; and another man, Forrest Rollins, 42, of Brook St. Rochester.

Patch reached a plea deal with prosecutors in June 2016, receiving two consecutive 12-month sentences, one for rioting and another for assaulting a woman inside Gary's Sports bar earlier the night of Unfonak's death. The second sentence will be suspended for two years after her first sentence is completed.

Henner was sentenced to up to a year in jail in November for felony riot.

Both sisters actually spent less than a month in jail before being released.

Rollins was charged with simple assault in connection with an altercation inside Gary's Sports Bar the night Unfonak was fatally injured. Arguments during Thursday's hearing confirmed that the victim of that assault was also Unfonak.

Rollins' simple assault charge was reduced to simple assault/mutual combat, a violation in October. He got no jail time, but was ordered to pay a $1,240 fine.

Meanwhile, Langlais' alleged motive for the attack laid out in initial police affidavits paint a night of recrimination, verbal and physical attacks and insults between him and the two sisters, and Unfonak.

In the affidavit it is noted a bouncer at Gary's Sports Bar knew full well that a man and several of his friends were waiting outside the Milton Road tavern waiting to get "a piece" of the popular Bang N Jane drummer.

Unfonak had had words with the man, identified as Langlais and the sisters earlier that evening. All three had been escorted out of the bar but refused to leave the parking lot.

Around 1:30 a.m. early Sunday, Jan. 31, the bouncer ran protection for Unfonak, escorting him from the tavern door to a waiting car in the dirt parking lot.

Unfonak was almost inside the car, but as he approached the back door to get in, surveillance video shows Langlais coming out of nowhere and hitting Unfonak on the left side of his body, according to a police affidavit.

When Langlais hits him, Unfonak "takes a few steps back while putting both of his hands up in what appears to be a defensive position," the affidavit notes. "The suspect is then seen punching James once on the left side of his face. James is seen immediately falling to the ground and then Eric is being pulled away from James by other people."

The fatal blow ended the life of the hugely popular Rochester musician, who was rushed to Maine Medical Center where hours later he was declared brain dead and taken off life support the following day.