A beating victim's fall in a hospital has led to amended criminal charges against his alleged assailant in a Stillwater bar fight.
Adam D. McCloud of Bayport died of head injuries in October after an altercation over a spilled drink at Smalley's Caribbean Barbeque and Pirate Bar on Sept. 28. Just hours after his death, 22-year-old Eric Kaprice Richard of Stillwater was charged in Washington County District Court with second-degree murder without intent and manslaughter while committing a gross misdemeanor with violence.
However, McCloud fell at Region's Hospital, striking his head on the floor, and medical examiners were unable to determine whether the fall or a series of punches in the bar caused the death, Fred Fink of the Washington County Attorney's Office said Tuesday.
Under the amended charge, Richard no longer faces a murder charge. The new charge alleges first-degree assault, which means an attack resulting in great bodily harm.
"Effectively there was an intervening cause such that we can't prove a homicide," Fink said.
McCloud died after he was removed from life support. He was known to many people as a bartender at Acapulco Restaurant in Stillwater.
A surveillance video of the incident appeared to show McCloud knocking a drink out of Richard's hand on the dance floor. They talked and then left the dance floor. When they came back into camera range, Richard again had a drink in his hand "and they appear to be interacting in a friendly manner," dancing and talking with other bar patrons, the original criminal complaint said.
Minutes later, the video showed, McCloud was making a pushing motion followed by Richard throwing several punches at him. At least two punches struck McCloud, who fell backward and hit his head on the floor, the complaint said.
