SARATOGA SPRINGS — A city police officer charged with assaulting a 41-year-old man during an off-duty fight at a downtown sports bar earlier this month was defending himself and others, according to his attorney, Andrew Safranko.

Safranko made his comments after Officer Edward Braim, 34, was arraigned Tuesday in City Court on a count of third-degree assault, a misdemeanor.

Braim is one of three city officers suspended after allegations surfaced about the fight at Dango Fitzpatrick's on Caroline Street.

On Tuesday, Braim appeared with Safranko, who characterized the case against his client as "smoke and mirrors."

"We believe these charges to be very defensible," said Safranko, noting afterward that the police report indicates the victim suffered bruising and swelling.

Judge Jeffrey Wait released Braim without bail pending a Dec. 20 court date.

Outside court, Safranko told reporters that his client acted in self-defense when the unruly man raised a glass at Braim and the other off-duty officers and patrons after being kicked out of the sports bar on Nov. 12.

The other two officers, Mark Leffler and John Guzek, will not face charges, Safranko said.

Earlier this week, District Attorney James Murphy III said that the injuries suffered by the victim were not severe enough to justify a felony assault charge.

Chief Christopher Cole has previously said that the man in the bar dispute had sought medical treatment.

In a statement, Murphy said Tuesday that he may seek a special prosecutor to handle the Braim criminal matter because the officer "is a witness in other cases my office is prosecuting."

"In the meantime, it is my job to prepare the case for prosecution and protect the rights of the victim," he stated. "I have asked that the judge issue an order of protection keeping the defendant away from the victim while the matter is pending."

Besides the criminal probe, there is also a city administrative investigation into the altercation, Murphy said.

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