New video shows Kung Fu Saloon assault

AUSTIN, Texas - New video shows the moment a bartender threw a customer out of the Kung Fu Saloon in Downtown Austin. The man was left with a brain injury. The bartender was arrested.

On Monday, attorney Jason McMinn released video captured inside the Kung Fu Saloon the night of November 16th.

Joey O'hare is standing at the bar with a group of friends. Bartender Robert Camillone is behind the bar in the backwards baseball cap and hooded sweatshirt.

Camillone walks out from behind the bar and appears to talk with the group.

McMinn says O'Hare's group was asked to leave the bar, but he said he did not know why.

O'Hare turns around to pay his tab. Camillone is now standing next to him. Then, you see Camillone wrap his arm around O'Hare's neck. He carries O'Hare out of frame.

The next clip shows Camillone walk outside the bar and drop O'Hare who by this point is unconscious.

"I think the entire group is a little unsure as to why this happened," said McMinn. "I can't find anything on any of the video footage prior to this that would indicate any aggressive or physical activity going on in the bar."

A couple minutes later, O'Hare's friends pick him up and take him to an apartment. They call 9-1-1 from there and an ambulance takes him to a hospital.

O'Hare underwent brain surgery an hour-and-a-half after the incident.

O'Hare was scheduled to appear with his attorney on Monday for the video release, but instead had to travel to California for testing at a special brain diagnostic center.

O'Hare viewed the video for the first time over the weekend.

"He just doesn't understand why this happened to me," said McMinn.

O'Hare spoke with FOX 7 by phone last week from El Paso where he now lives with his parents.

"I remember being with my friends, you know, having a good time and the next thing I know, I'm waking up in the hospital being told I suffered a brain injury and just got out of a 15-hour surgery,"

Camillone was arrested for aggravated assault. In addition to the police investigation, the TABC has opened an investigation into the bar's handling of the situation.

McMinn has also filed a civil suit against the bar.

We spoke with attorney Randy Howry at his office. He is representing Kung Fu Saloon in the civil suit.

"First and foremost I think what's important understand is that only a few seconds of this video has been shown in News stories that I've seen. There are hours of video. And we anticipate all of the evidence is going to come out in this case. Right now there is a lawsuit on file. There are certain restrictions on our ability talk about the information and the evidence. We're confident though that when all the evidence is brought forth, the full story is going to emerge," he said.