An Adelaide man who police initially said would be charged with murder has instead appeared in court charged with assault, after a post-mortem examination found the alleged victim died from a heart attack.
Gerald Thomas Ware, 25, appeared in the Adelaide Magistrates Court on Tuesday afternoon after allegedly punching his 39-year-old father-in-law to the head shortly after 9pm on Monday in the Adelaide Hills.
Earlier, police said they were called to Paterson Lane at Mount Barker after reports a man had been assaulted.
A police prosecutor told the court Mr Ware, a father of one, had been drinking at a barbecue before the incident, which caused the victim to collapse.
Police were called to the scene after reports a man had been assaulted. (ABC News: Daniel Taylor)
She told the court the victim was rushed to hospital in a private car, but subsequently died.
“A post-mortem report says he died of a heart attack and there was no causal link to the assault by the defendant,” the prosecutor said.
She said Mr Ware then allegedly “armed himself with a knife from the kitchen” and cut his uncle-in-law, Jaree Morrison, with a knife, leading to a charge of aggravated assault.
Police said Mr Ware, from Pooraka, was initially arrested for murder, but had now been charged with assault.
“The charges were downgraded after a post-mortem examination determined the victim’s cause of death was a pre-existing medical condition,” police said in a statement.
Detectives attended the scene on Tuesday morning. (ABC News: Daniel Taylor)
Mr Ware’s lawyer told the court her client was also injured during the altercation and suffered a “scratch” to the face and “quite a deep gash” to his chest.
She said Mr Ware had been gainfully employed while living in Adelaide but asked he be granted bail to live with his mother in Port Lincoln, where he hoped to also work in a fish factory.
Magistrate Roderick Jensen granted Mr Ware release on bail to spend one night in Adelaide with his aunty before travelling to Port Lincoln on Wednesday.
He will return to court later this month.
Mr Ware did not comment as he ran from court.