Providence -- �This defendant brought a two-by-four to a fistfight, which was not reasonable force,� Judge Christine S. Jabour said after hearing testimony from several witnesses and reviewing video of the fight behind The $3 Bar on Federal Hill.

PROVIDENCE, R.I. � A 48-year-old Providence man accused of fatally beating a Glocester businessman with a two-by-four headed back to jail Thursday after a judge refused to set him free on bail, citing his extensive criminal record and saying he had �slapped five� with another man involved in the fight.

District Court Judge Christine S. Jabour ordered the defendant, Daniel Lastarza, held without bail. She then found him guilty of violating his probation for a previous conviction.

�This defendant brought a two-by-four to a fistfight, which was not reasonable force,� Jabour said after hearing testimony from several witnesses and reviewing video of the July 23 fight in a lot behind The $3 Bar on Federal Hill. Lastarza is accused of killing Jonathan Stack, 33.

Lastarza, attired in a dark-blue suit, reacted to the decision with little emotion.

During a hearing that lasted almost two days, Lastarza�s lawyer, Michelle Alves, argued that he had tried to protect a friend during the assault.

Jabour reviewed video from surveillance cameras and heard testimony from witnesses and a medical examiner. She said that Lastarza and his friend slapped hands as Stack lay severely injured and bleeding in the lot.

She also cited Lastarza�s extensive criminal record, which a prosecutor, Roger Demers, said included 22 prior convictions and 10 previous probation violations. Jabour denied bail and found Lastarza guilty of violating probation for an 11th time.

Hours before the fight at The $3 Bar, Stack and employees of his company, I Buy Junk Cars, were trying to get their $400 back from a woman who had sold them a Ford Expedition that she didn�t own, even though it was parked in her yard, according to an initial police report.

The owner of the vehicle showed up at the Ridge Street location before the truck was towed away, but the woman had already handed the cash to her husband, Chris Tucker, who had left.

Stack and another man went to the Federal Hill bar, where they found Tucker and argued with him, authorities said.

Jabour said that the video shows Lastarza swinging the two-by-four at Stack�s friend, who leaves, and it also shows Tucker on top of Stack on the ground. It shows Lastarza hitting Stack twice with the board and slapping hands with Tucker as they went into an alley afterward.

She said that the video clearly shows that Stack�s friend had left the scene, after Lastarza had swung the two-by-four at him and Lastarza had no basis for then taking the board to Stack as an �intervenor.� At that point, Stack was alone in a fight with Lastarza and Tucker.

Jabour said that she is �very much concerned about this individual being out in the community again.�