Judge won't reduce felony charges against Vols' McDaniel

Afterward, the tape showed McDaniel walking away, Goodrich said.

Goodrich refused to go to University of Tennessee Medical Center by ambulance because he thought he would have to pay for it. Instead, some of his friends drove him to the emergency room, he said.

McDaniel's attorney, Don Bosch, argued a felony was the wrong charge in the case because Goodrich's injuries were not severe enough compared to others he cited involving aggravated assault.

"Although the injuries are serious, they do not rise to felony levels," Bosch argued. "This was a pickup basketball game with one punch."

Cerny said he was disturbed to find Tennessee statutes on assaults were confusing, but he agreed aggravated assault was the correct charge based on Goodrich's testimony.

Court officials said it would take at least a week before the grand jury decides whether McDaniel should be indicted.

Meanwhile, Bosch said after the hearing he would continue to talk with Goodrich and his family to try to work out a settlement and avoid trial.