Jul 13, 2018

"It is very hard to recall what we went through."


The second witness to testify at Kody Marcelli's preliminary hearing for alleged assault was the alleged victim's wife, Diane Harner.

"Mr. Marcelli punched Gary multiple times."

She said that at no point did her husband try and hit Marcelli but they were both yelling at each other. She testified that she was on the phone with 911 while the physical altercation occurred between Marcelli and her husband. She said she thinks Marcelli had to take a step forward towards Gary Harner before he punched him. This was in response to a question about how far apart the two men were standing. She said one man was standing to Gary Harner's left and the other to his right.

"There were a lot of words going back and forth," she said. "It is very hard to recall what we went through." Diane Harner said that she did not hear either her husband or Kody Marcelli threaten each other.

Gary Harner had testified when he regained consciousness that Kody Marcelli was standing over him. Diane Harner said, "they (Marcelli and his friend) were standing over him. Gary was not understanding why he was on the ground." She testified that Gary Harner turned "to answer the other gentleman when Mr.Marcelli punched him."

After the punch, Diane Harner told Marcelli, "the cops were on their way."

Previous post:
https://johnchiv.blogspot.com/2018/07/he-said-he-was-going-to-hit-me.html

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