Ambler Man Heading to Jury Trial in Fireside Assault Case

A jury trial has been scheduled for 35-year-old Marino Tambourino, of Ambler, who is accused of beating a Lansdale man at the Fireside Bar and Grill on Saint Patrick's Day in 2012.

Tambourino, whose trial is set for April 22 at 9 a.m. at the Montgomery County Courthouse, is charged with felony aggravated assault, simple assault, recklessly endangering another person and harassment, in connection with the incident.

for a report of an assault. Upon arrival, police discovered David Rogers, 30, of Lansdale, laying in a pool of blood on the kitchen floor of the establishment.

Rogers told police that he was dancing near the kitchen doors of the bar when a white male grabbed him around his neck and pushed him through the kitchen doors, according to the affidavit of probable cause. He stated the next thing he remembered was waking up in the ambulance, the report states.

Rogers suffered skull, orbital and nose fractures as a result of the alleged assault.

Speaking to police during the evening of March 18, 2012, Tambourino stated that his wife said she had been grabbed by Rogers, so he grabbed Rogers by the back of of his shirt and went into the kitchen, where Rogers accidentally slipped on the floor and hit his face, the report states.

Police then spoke with one of the witnesses to the incident, the report states. The same witness positively identified Tambourino as the suspect, according to the report.

During a preliminary hearing in June of 2012, Tambourino's attorney – Scott Krieger – argued that the charges should be dropped because the victim did not testify.

“The commonwealth has not produced a victim," said Krieger. "If you don’t have a victim, you don’t have a crime. There’s a name out there, but that person…has not testified to the court that a physical crime was committed against him.”

That argument proved unsuccessful, as Judge Patricia Zaffarano ruled that a prima facie case did exist, and charges would be held over for a formal arraignment.

Tambourino was formally arraigned on July 18, and has remained free on 10-percent of $25,000 cash bail.

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See also:

• Man Beaten at Upper Dublin Bar
• UPDATED: Man Charged in Upper Dublin Bar Assault
• Charges Held Over In Fireside Assault