Two bouncers from a Fort Lauderdale bar are facing both misdemeanor and felony charges after a cell phone video captured the two bouncers severely beating a few patrons out on the patio.
One bouncer was arrested and charged with felony battery, a third-degree felony. The other will be charged with misdemeanor battery and charges will be filed by the State Attorney’s Office.
The video, which is only 15 seconds in length, is compelling evidence. The video clearly shows the two victims talking with the bouncers when one bouncer - the one charged with the felony - comes in and puts one victim in a headlock. He then throws him to the ground and kicks him. That victim required stitches above his eye.
The other bouncer lunges forward and punches another victim.
The police obtained a copy of this video after the incident. Initially, one of the two victims had been charged with disorderly conduct and battery on a police officer after police were called to the bar over the victims’ behavior, which was said to be drunk and unruly.
However, upon inspection of the cell phone video, which went viral, it appears that the two patrons may be the real victims.
Battery is a misdemeanor punishable by up to 1 year in jail. In order to prove battery, the state must show that a person was touched or struck without their consent.
Felony battery requires a showing of a battery having occurred and that the battery caused serious bodily injury.
Felony battery is different than aggravated battery because aggravated battery requires the state to prove that the accused intended to cause serious bodily injury. Felony battery is the more appropriate charges when the battery causes injury but without intent to cause it.
Eric Matheny is a criminal defense attorney representing clients in Miami-Dade and Broward.