During the first day of a trial Monday, March 13 a city man severely injured in a fight in Butler in 2019 testified he was told he should be “taken out” because he was Jewish.

The Nov. 14 altercation, accelerated with an ethnic slur and inflammatory accusations, left Robert Faitelson with two black eyes and severe damage to his cheekbone and nose.

Julian Bindernagel, 28, of Butler, was charged with felony aggravated assault, misdemeanor simple assault, disorderly conduct, ethnic intimidation and summary criminal mischief.

Faitelson was one of several witnesses brought before Common Pleas Judge Timothy McCune and a jury of nine men and three women.

During opening statements, Laura Pitchford, assistant district attorney, repeated the phrase Faitelson allegedly heard during the incident, as well as a few other derogatory comments he testified to.

“The victim got frustrated, but he didn’t touch the defendant. The defendant did,” she said. “This case is on video.”

Joseph Smith, public defender, said the video depicts a fight in which both men are involved and are throwing punches.

“It seems to be a theme when there’s a fight that I usually get the winner,” he said. “He hit my client and put my client in a headlock … be very skeptical of what (Faitelson) says. Once a victim becomes a victim they learn how to be a victim.”

Pitchford called Chad Rensel, detective with the city police, and patrolman Korey Zarnick to testify on their investigation of the incident.

Rensel said he took photos of Faitelson four days after the incident and that the black eyes and extreme swelling still were apparent.

Zarnick said he also witnessed Faitelson’s injuries that same day when he responded to the 100 block of East North Street for the reported assault.

“Mr. Bindernagel sought no medical treatment. Mr. Faitelson had a substantial amount of blood on him, on the vehicle beside him, concrete, all around.”

It was later determined via surveillance footage and eyewitness accounts that Bindernagel had a corn cob pipe in his hand during the assault, Zarnick said

The video showed Bindernagel and Faitelson in a heated discussion. During cross-examination, Smith asked Zarnick if either man reported the alleged anti-semetic comments, and Zarnick confirmed it.

“Mr. Faitelson told me on scene a quick rundown of why (the fight) occurred, and he reiterated it a few days later,” Zarnick said. “If I remember correctly, Mr. Bindernagel made comments along the lines of Mr. Faitelson being deserving of what he got.”

Faitelson took the stand as the final witness for the commonwealth. He testified that he lived in an apartment building on East North Street and was retrieving a package when the altercation occurred.

He had known of Bindernagel because they lived in the same building.

“Going into the building, (Bindernagel) was blocking the door. He said, ‘Don’t you know how to say excuse me?’” Faitelson said. “Coming out of the building, he said ‘The only good Jew is a dead Jew,’ and a second later, he called me a child molester.”

Faitelson testified that Bindernagel called him a child molester three times during the altercation. When Pitchford asked if Faitelson was a child molester, Faitelson said he was not.

“I told him, ‘Don’t you ever call me that again … we were just talking. It wasn’t loud,” he said.

According to Faitelson, Bindernagel further stated, “I’m a born-again Christian, and if I judge you unworthy, it’s my job to take you out.”

Surveillance footage of the incident was played again, and Faitelson narrated the context of the altercation. The video showed the initial interaction as Faitelson entered the building and the escalated conversation when he returns outside.

Faitelson said he dropped his package and approached Bindernagel as the situation escalated. He further stated that he did not touch Bindernagel.

The video shows Bindernagel walking away and Faitelson approaching him. Bindernagel then kicks Faitelson to the ground, then kicks him again. As Faitelson rises, Bindernagel continues punching him, eventually throwing him against a car.

During cross-examination, Smith asked Faitelson if he put Bindernagel in a headlock or choked him, as the video seems to depict.

“I tried to get myself up. I did not punch him, sir,” Faitelson said. “I was doing what I thought necessary to protect myself from this man.”

Faitelson said he suffered injuries to his cheekbone, nose, and eyes during the altercation, citing where in the video you can see blood on his face and being spit from his mouth.

He further stated that he had three surgeries as a result of the incident and suffers from frequent sinus infections that were not present before.

The trial will continue at 9 a.m. Tuesday, beginning with defense testimony.