Kung Fu Saloon Assault
As a change of pace I thought I might focus on a local current events story…
On November 16, 2014 a bar employee at Kung Fu Saloon in downtown Austin, Texas was charged with Aggravated Assault – a second degree felony. The Kung Fu Saloon is well known as a bar and arcade in downtown Austin. The Kung Fu Saloon Assault allegedly occurred when Joey O’Hare was taken outside of the bar and dropped on his face by Robert Giovanni Camillone, a bar employee. Assault charges are fairly common in or around bars. Almost everyone has, at the very least, seen a bar fight.
Second degree assault is a felony offense in Texas. Felony cases are handled by the District Attorney’s Office. The prison term for a second degree felony is between 2 years and 20 years. Aggravated assault in this case is most likely charged as “intentionally, knowingly or recklessly causing serious bodily injury to another person.” From the State’s standpoint, something charged as intentionally, knowingly or recklessly gives them the greatest chance at securing a conviction. This is due to the wording and the use of “or.” As a result, the State can attempt to prove their case under alternate theories. However, the Travis County District Attorney’s Office, representing the State, may present Kung Fu Saloon Assault case to a grand jury to indict Robert Giovanni Camillone. The indictment will serve to formally charge Robert Giovanni Camillone with the second degree felony of Aggravated Assault.
In this case, the Kung Fu Saloon Assault is considered a felony due to the seriously bodily injury element. Allgedly, Joey O’Hare’s was dropped on his face on the concrete or asphalt. Examples of serious bodily injury include a broken bone, disfigurement, loss of a limb, or an injury requiring surgery and/or hospitalization.
Depending on the extent of the injuries, Robert Giovanni Camillone could face up to 20 years in Texas State Prison. Since the November 16th incident, Joey O’Hare has undergone extensive surgery. Generally, injuries such as these would qualify for felony indictment.
UPDATE – On January 19, 2015 a security video of the Kung Fu Assault has made the news showing what exactly happened to Joey O’Hare and how he got his injuries. The video speaks for itself. Undoubtedly, the injuries have caused extensive medical bills which can result in claims for restitution.
However, making claims for restitution, filing civil suits, and collecting a dime from the person responsible are entirely different matters. Keep those nun-chucks at home.
