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PITTSBURGH (KDKA) — The case against one of two men accused of assaulting a gyro shop owner on the South Side is headed to court.

The victim in this case testified Thursday that one punch to his face broke his nose and caused him to need several stitches. While police say there were two men there at the time it happened, the judge found there was only enough evidence against one of them to send the case to common pleas court.

Ivan Fields and Jeremy Rupp waved at each other, but didn’t have anything to say to KDKA after their preliminary hearing. Rupp was all smiles after the judge dismissed the conspiracy charges against both men. This means the case against Rupp ends here.

Fields, however, is still facing an aggravated assault charge. Police say it was Fields who punched Steven Zarglis in the face back on Sept. 19.

lesvos gyros punch Case Against Man Accused Of Assaulting Gyro Shop Owner Heading To Court

(Photo Credit: Pittsburgh Bureau of Police Zone 3)

According to Zarglis, the men were in his restaurant, Lesvos Gyros, on East Carson Street. After they ordered food, Zarglis says Fields started calling him the N word.

Zarglis says it was when he went outside to lock up for the night that he was punched. A photo was taken right after the incident.

steven zarglis lesvos gyros assault Case Against Man Accused Of Assaulting Gyro Shop Owner Heading To Court

(Photo Credit: Steven Zarglis)

Zarglis testified Thursday that he still has problems with his eye. Attorney Tom Will represents Fields and very respectfully declined to do an interview. He told KDKA off camera that Fields doesn’t have any prior criminal history.

According to the criminal complaint, one of the district attorney’s office cameras captured video of the punch, but it wasn’t played in court Thursday. It will likely play a role as this case proceeds to common pleas court.