A pre-trial hearing was held for Pace graduate Kyle Ferris and Pace student James McDermott who were charged with third-degree assault at the Pleasantville Court Clerk the morning of Sept. 15.

The charges came after defendants Ferris and McDermott were arrested April 3 after being visually identified by alleged victim Kevin Lopez and his father Stephen Lopez as two of the alleged attackers of Kevin Lopez.

According to the supporting deposition of Kevin Lopez, around 2 A.M. he was sitting on the porch of his house talking to Stephen Lopez when a group of about five white males were walking west on Bedford Road being loud and sounding drunk.

Kevin Lopez allegedly asked the group if they could quiet down when one of them approached him and punched him before the others knocked him to the ground. Then the group allegedly punched and kicked Kevin Lopez, which broke his nose and knocked out a tooth, before Stephen Lopez stopped them and police arrived.

“They started threatening me that they would ‘kick my ass,’” Kevin Lopez said during his deposition.

According to the report released by the Pleasantville Police Department after the alleged assault took place, Kevin Lopez, Ferris and McDermott were taken to police headquarters. Kevin Lopez was transported to a hospital for treatment by the Pleasantville Vol Ambulance Corps, and the defendants were placed in cells before being released on bail.

The hearing ended with an adjournment in contemplation of dismissal, where the assault charges against Ferris and McDermott will be dismissed if they pay a maximum of $7800 for Kevin Lopez’s reparative dental work, follow a temporary order of protection to avoid Kevin Lopez, and don’t get arrested by March 2017.

The defendants must return to court for a control date of Jan 17, 2017, with proof they are making the payment, and for a final date of March 14, 2017, to ensure the payment is completed and the stipulations have been followed.

Ferris was represented by Attorney Kahn Jarret and McDermott was represented by Attorney Christopher McClure.

The pre-trial hearing was originally requested to be a wade-trial hearing, however, that request was withdrawn.

Ferris and McDermott were both contacted and declined to comment.