Hayes McGinley, a Syracuse lacrosse player, was knocked unconscious by a Sliders employee right after McGinley punched a female employee of Insomnia Cookies, witnesses and police said.

Jim Whitcomb, 44, the Sliders employee, had been on the sidewalk watching an argument between Kendall Talbot, the female employee, and McGinley. But once Whitcomb saw McGinley strike Talbot, he immediately hit McGinley, knocking McGinley to the ground. The police arrived almost immediately afterward and arrested McGinley.

“I turned around and looked at the cop, I said, ‘You want to arrest me, here I am, I don’t give a sh*t, arrest me,” Whitcomb said.

McGinley, a redshirt freshman midfielder, was arrested at 11:03 p.m. on March 14, and charged with two counts of harassment in the second degree. Police said McGinley attempted to get into Talbot’s car and an argument ensued in which he punched Talbot and William Weaver, another Insomnia Cookies employee. A day later, McGinley was suspended indefinitely from the men’s lacrosse team for an unspecified violation of team rules.

Syracuse Police Department Lt. Eric Carr confirmed Monday night that a third party was involved in the incident and used force to defend Talbot after she was punched. The individual cooperated with police and was not arrested, Carr said in an email.

In New York, it is legal to use physical force to defend yourself or someone else from another person’s use of physical force, Carr noted, as police deemed was the case in this incident.

Whitcomb, the Sliders employee, said he had just returned from a delivery and was smoking a cigarette outside when he noticed a crowd of people in front of Insomnia. He walked down the street to see what was happening and watched the argument for a few minutes.

Then Whitcomb saw McGinley hit Talbot.

“As soon as he punched her in the mouth, I came out from around everybody and punched him in his face and knocked him out,” Whitcomb said. “And then as soon as he went down on the ground I went over and I was going to football his face. I swear to god, I don’t care, I was going to football his face.

“I don’t believe in woman beaters, I don’t believe in a man putting his hands on a woman.”

Whitcomb said he isn’t even sure where he hit McGinley, but he knows he knocked McGinley unconscious for a few minutes. The police arrived shortly after and took down all of Whitcomb’s information and told Whitcomb he could go back to work. Whitcomb said he hasn’t heard from the police since.

Whitcomb and Talbot both said on Monday that they thought the charge of harassment in the second degree wasn’t harsh enough and that it was clear McGinley assaulted Talbot.

Harassment in the second degree is punishable by a maximum $250 fine and/or a maximum of 15 days in jail. McGinley was arraigned in Syracuse City Court on March 15 and is due back in court on April 14.

“I don’t go for a man putting his hands on a woman,” Whitcomb said. “I wasn’t raised that way. I’m not gonna sit there and see a woman get hit by a man.

“…He deserved what he got in my book.”

Published on March 23, 2015 at 9:36 pm