The Digital Collegian - Published independently by students at Penn State
NEWS
[ Tuesday, April 6, 2004 ]

Justice convicts Elbattah
A judge fined the man, who said he was choked by a Rathskeller bouncer in an altercation last August, $534.50 for three citations.

Collegian Staff Writer

The man who said he was beaten and restrained by All American Rathskeller employees in a way similar to that which led to the death of Penn State student Salvador Peter Serrano was convicted yesterday on the three citations against him.

Eyad Elbattah, 24, of Forty Fort, was convicted of public drunkenness, disorderly conduct and harassment by District Justice Jonathan Grine. Elbattah was fined $534.50 for the three citations.

Grine said he decided to convict Elbattah because he "believed the commonwealth made its burden for the citations."

Grine said he could not comment further on his decision.

Elbattah was involved in an altercation with employees of the Rathskeller, 108 S. Pugh St., on Aug. 3. During a hearing on Friday, Elbattah said a Rathskeller employee choked him from behind as he was walking down Pugh Street. Elbattah said the employee brought him to the ground and continued to choke him while the employee pushed his knee into Elbattah's back.

Rathskeller doorman Joseph Kunkle testified at Friday's hearing. He said Elbattah was not simply walking down Pugh Street when the altercation began. Kunkle said Elbattah approached the entrance of the Rathskeller, spoke to him and then hit him in the face. Kunkle said the Rathskeller employees' intent during the altercation was to restrain Elbattah until police arrived.

Elbattah could not name the employee during Friday's hearing, but he pointed to Rathskeller manager Chris Rosengrant and said he thought it was Rosengrant because he recognized his large arms.

Rosengrant and his brother Jason Rosengrant are charged with involuntary manslaughter in connection with Serrano's death.

Chris Rosengrant was subpoenaed to testify at Elbattah's hearing, but he decided to assert his Fifth Amendment right not to testify after being advised by his attorney.

Elbattah's attorney, Andrew Shubin, said yesterday that he will encourage his client to file an appeal. If Elbattah does appeal the decision, the case will go to the Court of Common Pleas for a new hearing.

Shubin also said he thought Grine's decision sent the wrong message to police and bar staff.

"[The decision] sends a message that it's OK for bouncers to use force to settle a score at two in the morning in the middle of Pugh Street," Shubin said. "It's the wrong message, especially at this particular time, after Serrano's death."

State College Police Department Cpl. Mark Argiro said local bar staffs would probably start changing their behavior because of Serrano's death.

"We always recommend that if the person hasn't done anything beyond be belligerent, let them go, and we'll catch up with them," Argiro said. "Once a person starts swinging at bar staff, [employees] will probably try to hold him until police arrive. But I think that's going to change because of the Serrano incident."

 



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