Librado Cena, arrested in April for assault against a man who later died from his injuries following a confrontation over an apparent road-rage incident, is scheduled to appear in court for a hearing on Oct. 1.
According to the Fairfax County General District Court on Monday, at this time, Cena remains charged with only assault, and not homicide.
Cena assaulted William Hays O'Brien of Fairfax City during the dispute on April 16 outside the Fairfax City Best Buy.
Cena told Fairfax City police during interviews that both men were driving on Pickett Road near Fair City Mall, and that Cena became angry when O'Brien honked at him several times, possibly because Cena didn't accelerate fast enough when a red light turned green.
Cena reportedly followed O'Brien to his destination - the Best Buy store in the mall - and approached him to confront him.
The Washington Post reported that surveillance video showed Cena approaching O'Brien and striking him in the head from behind, prompting O'Brien to defend himself, though Cena described the fight to authorities as "two-sided," with both men throwing punches.
The Post reported that a bystander broke up the fight between the two men, and Cena then drove off. O'Brien reportedly walked into the store and told Best Buy employees he had been "assaulted" in the parking lot.
O'Brien then reportedly went home. Two hours later, after reporting the incident to police, O'Brien reportedly called paramedics from home to say that he was in distress with a powerful headache; he was unconscious and unresponsive when rescue crews arrived, according to the Post.
O'Brien spent several days in the hospital, and died on April 26.
Medical examiners later ruled his death a homicide due to his head injury.
City of Fairfax Police arrested Cena on April 18, and charged him with aggravated malicious wounding. After O'Brien died, Cena's case was turned over to the Commonwealth Attorney's Office. Police said it would be up to them whether the charges against Cena would be changed to something more serious, in light of O'Brien's death.
Cena was employed as the director of religious education at Saint Leo the Great Catholic Church in Fairfax. Following his arrest, he was placed on administrative leave.
Cena has been released on bail pending his hearing.
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