Ed Andrieski, Associated Press
FILE -In this Oct. 4,2011 file photo former CIA contractor Raymond Davis, right, and his attorney William Frankfurt arrive at the Douglas County Courthouse in Castle Rock, Colo., for a court hearing on felony assault charges. Davis the CIA contractor involved in a fatal shootout in Pakistan is due in court Thursday, Dec. 15, 011 in a separate case in Colorado, where a judge will determine whether there's enough evidence to place him on trial on assault charges stemming from a fight over a parking space.

CASTLE ROCK, Colo. — A CIA contractor involved in a fatal shootout in Pakistan is due in court in a separate case in Colorado, where a judge will determine whether there's enough evidence to try him on assault charges stemming from a fight over a parking space.

Raymond Davis, 37, of Highlands Ranch, is charged with felony second-degree assault and misdemeanor disorderly conduct for the altercation outside a bagel shop Oct. 1. He's accused of causing a vertebrae fracture and other injuries to Jeffrey Maes. Davis is due in court for a preliminary hearing Thursday, where Davis' attorneys will be allowed to cross-examine investigators on why they believe Davis should stand trial on the charges.

In January, Davis said he had shot two men who tried to rob him in Pakistan, which released him March 16 after the victims' families agreed to accept $2.34 million. The shooting remains under investigation by U.S. authorities.

Prosecutor Rich Orman mentioned the shooting when asking county Judge Susanna Meissner-Cutler to forbid Davis from carrying a gun while he's free on $10,000 bail. Orman said he worried about another situation in which there could be a "potential lack of judgment."

Davis' defense attorney, William Frankfurt, argued that the two incidents were different and that the investigation into the shooting in Pakistan may eventually show that Davis used good judgment. Frankfurt noted the shooting took place in a war zone.

Meissner-Culter allowed the 5-foot-9-inch, 235 pound Davis to use firearms at his work in the Washington, D.C., area, where Davis said he's an instructor.

Witnesses gave conflicting versions of events about what happened at the suburban Denver bagel shop.

One witness told investigators that Davis calmly approached Maes after Maes 'swarmed" into a parking spot that Davis had been waiting for and told him it wasn't right to take it. The witness said Maes told Davis that he had a family and wasn't "going to look for a spot all day." A witness told investigators that in the ensuing fight, he never saw Davis throw a punch and it appeared that Davis was protecting himself from Maes.

Maes and his wife, Jacqueline, who were in their vehicle with their two children, said Davis aggressively got out of his car and approached them while shouting and cursing. Jacqueline Maes said Davis hit her husband in the face when he turned away to reach for something in the car.

The two men wrestled and fought until two bystanders broke up the fight. Witnesses told investigators that Davis kept trying to get at Maes even after the two were separated. Another witness said Maes' children were crying and afraid.

While being transported to jail, Davis told a deputy that he hit Maes first, slapping him open-handed.

"I don't understand how he can hit me five times and I'm the one going to jail," Davis is quoted by a deputy as saying as he was being transported to jail.

Davis said Maes got his cuts by falling into rocks.

Investigators said doctors told them Maes suffered a compression fracture of a vertebrae in the middle of his back, which is considered serious bodily injury. Maes appeared able to walk without visible assistance at a court hearing Oct. 4. .