AUSTIN (KXAN) — Surveillance video obtained by attorneys for Joey O’Hare shows him being grabbed from behind by a Kung Fu Saloon bartender, led out the door, and then falling to the floor without moving once he is released. The bartender, Robert Camillone, was charged with aggravated assault back in November for the incident which left O’Hare in the Intensive Care Unit with a brain injury.
“I do not think Joey knows why they were being asked to leave the bar,” said O’Hare’s attorney Jason McMinn. “He is not real sure why it happened.”
On the five-minute video made available to the media, Camillone is seen working behind the bar before walking around to the other side and appearing to talk with a group of people, including O’Hare. A short time later, O’Hare looks like he is paying his tab when the two men appear to briefly talk to each other, prompting Camillone to grab O’Hare around his head from behind.
A woman with O’Hare’s group of friends that night explained to KXAN what may have happened to provoke the incident.
“We bumped into that bartender by accident,” said a woman named Adriana, who can be seen in the surveillance video as one of three women helping O’Hare off the ground and away from the bar.
She said Camillone was aggravated by the bump, but tensions escalated when another friend in their group named Ivan, the same friend she said bumped the bartender, was cut off and asked to leave.
“They did ask us to leave because they had cut Ivan off for some reason.” she said.
After Ivan was asked to leave, Adriana said the entire group decided to leave the bar together and that the incident happened when O’Hare went to pay his tab. McMinn said O’Hare is recovering well but still suffering from vision problems, and he is currently in California at a Brain Diagnostic Center. In addition to the criminal charges against Camillone, O’Hare and his family have filed a civil suit against the bartender and the bar.
Kung Fu Saloon attorney Randy Howry said Monday that the entire lead-up to the incident is not being shown in the video clip given to the media.
“The short clip of the video that has been shown does not tell the whole story. We have hours of video,” said Howry.
The attorneys for O’Hare also said they received nearly 40 hours of surveillance video from several different cameras. However, while O’Hare’s attorneys say they could find nothing in the video resembling provocation, Howry said the truth would be revealed in court.
“We are going to follow the legal process, and when it is appropriate to do so, the evidence will come out.”
In November, KXAN reported a Texas Alcoholic Beverage Commission had opened up an investigation into the incident which could potentially result in a fine or suspension of license against Kung Fu Saloon.