MIAMI (CBSMiami) – James Garcia says he was attacked final week for being homosexual.
Police haven’t categorised his assault as a hate crime and Garcia’s request for a restraining order has been denied.
READ MORE: 11-Year-Old Carter Bonas Can Drive Golf Balls & His Own Business
Meanwhile, the accused attacker is out on bond.
Garcia stated the scar on his brow was a results of the assault. He has eleven stitches and in addition his nostril was fractured.
He stated he’s nonetheless therapeutic after being violently attacked.
Garcia stated he was strolling his canine at round 7:45 within the morning close to the Intercostal. He stated he circled solely to see this large man coming as much as him asking him if he was homosexual after which he punched him.
According to police, that large man is 36-year-old Maurice Charles.
Past mugshot for Maurice Antwan Charles. (Source: Florida Department of Law Enforcement)
READ MORE: Grieving Family, Friends Remember Good Samaritan Aden Perry Who Died Trying To Save Teen Who Crashed Into Sunrise Lake
He was arrested and charged with aggravated battery, however Garcia stated shortly after Charles was launched on bail and fearing one other assault, he filed a restraining order, however the petition was denied.
“It appears Florida statute requires the attacker to assault me more than once before the judge approves a restraining order. So, for me that felt like another attack this is where the justice system failed me,” stated Garcia.
Attorney David Weinstein stated, “In a situation where you’re not involved in a relationship with the person you’d have to show that someone has been stalking you and harassing you, not necessarily physically attacking you.”
And Weinstein stated since Garcia was not in a relationship with the sufferer, legally his choices had been restricted.
“Unfortunately, most of these restraining orders are tailored in a way to prevent repeat acts of violence upon individuals. The issue with a restraining order that you’re seeking for repeat act of violence is just that you have to show that there is more than one act of violence.”
With his attacker out of jail and no restraining order, Garcia stated he doesn’t really feel secure.
“I’m hoping that elected officials hear my story and think about the current Florida statute that gives attackers more rights than the victims.”
MORE NEWS: Constitutional Amendment Would Allow Lawsuits Against State Agencies For Harm To Florida Bodies Of Water
Garcia‘s assault continues to be below investigation. He has additionally requested this example be thought-about a hate crime, however up to now the fees haven’t been upgraded.