In Florida law, misdemeanor battery is defined as any unwanted physical contact with another person, regardless of the context or intent. This legal distinction separates battery (physical contact) from assault (verbal threats), and even seemingly minor physical interactions like hitting someone with a napkin can constitute battery charges. The case demonstrates how a customer dispute over a delayed birthday dinner escalated into a criminal charge when the customer physically struck a restaurant staff member, highlighting the importance of understanding legal definitions and the consequences of physical confrontations during customer service disputes.
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She Wanted A Steak For Her 55th Birthday Then Everything Changed
Added:She's being charged with misdemeanor battery right now.
>> Okay, but I want to understand what that battery means >> Well, they separate it. All right, assault is verbal, battery is going to be physical. So, she's going to be charged with misdemeanor battery.
>> was the physical beating that happened?
>> I'm not getting into details about it.
>> A birthday [music] dinner at a Florida restaurant quickly became tense after a couple claimed they had waited too long for their steak.
As the dispute with staff began to escalate, police were called to the scene to find out what happened.
>> Ma'am, do you have your ID on you?
>> No, I don't.
>> You don't have an ID on you?
>> No, it's my birthday. I turned 55 today.
I went to a steak place to have a nice steak. I waited there for 2 hours and they didn't give me a steak.
>> All right.
No, come on. YEAH.
>> NO, NO, I DIDN'T do anything.
>> Ma'am, I'm just I'M >> NO, I DIDN'T DO ANYTHING WRONG. I WENT OUT TO DINNER.
IT'S MY [ __ ] BIRTHDAY.
>> OKAY, I NEED YOU TO take a deep breath.
>> No.
>> And I'm going to advise you >> My dog JUST DIED. I WENT OUT TO DINNER FOR MY BIRTHDAY.
>> OKAY.
>> I DON'T need this [ __ ] I didn't do anything wrong.
>> All right, take a deep breath. Again, one one more time. I'm going to I'm going to tell you to take a I'm going to >> Take a deep breath. Arrest me. I didn't do anything wrong.
I didn't do anything wrong.
>> All right.
I'm just trying to identify who you are while we're looking through her phone.
Ma'am.
Ma'am.
>> I would go back in there >> Ma'am.
>> [ __ ] [ __ ] out of her. Honestly, police officer.
>> Ma'am, what is your name?
>> Why do you care?
>> I just told you I'm identifying you because we are investigating a call, okay?
>> For what?
You're investigating a call of a customer who didn't get her meal.
I didn't get my meal.
>> We are looking into it.
Okay, ma'am. Ma'am, come on. You know what?
>> No, no, stop.
>> It's just so unbelievable.
>> Bobby, I just wanted a steak for my dinner.
>> You have Hold on.
All right. All right.
All right, where are you going to sit?
We're going to sit right here on the stairs. Do you have idea on the All right, can I please have it?
No one's saying you did.
We just need to identify everybody we talked to.
That's all.
>> Thank you.
>> What are you doing?
So tell me exactly what happened.
Tell me exactly what happened.
>> Showed up for dinner at 8:00.
Ordered >> 056184988 >> Ordered a bottle of wine. Waited for our dinner. Waited for our dinner.
Had an interaction with the with the person ordering the food. Ordered Ordered meal was all set. I have a garlic and onion allergy.
>> Okay.
>> Asked about Asked about cream spinach, which was, you know, sometimes it has garlic and onion in it, sometimes it doesn't. You know, it was like, you know, that never heard from these people, and then it was like, "Hey, look, what's what's going on with our dinner?"
And I don't know if it was, you know, I don't know if it was 9:45, was it an hour and 45 minutes? I don't know if it was I don't know what it was.
My my wife and I get up and and uh dance to a couple songs. Nobody ever came over to us. We were trying to figure out what was going on. We We drank the bottle of wine. We've had no food all day.
>> came over was a giant. Was an absolute [ __ ] She was so mean.
>> And so I And so like I came back and I said I said >> She put the steak down in front of us and this is a "No, you can't have it."
And then she took it away.
>> W- W- Wait, wait, let me finish.
>> Did things get physical at any point?
>> No. She What she did was she did She did take her napkin and she >> I waited the napkin out of her.
>> And >> I didn't touch her.
>> And there was no there was no physical contact.
>> I was so afraid of the female officer.
>> Let it mean it's like, you know, like if if we're going to go down this road with her.
>> We were under $80 piece of meat. We were hungry.
>> If we're going to get down this go down this road where there's an A and B on this particular woman, let me give me a break. This woman was antagonizing >> She was a [ __ ] I was like, "Just It's my birthday."
>> I mean I mean it's her birthday but it's like really and you know, like we >> I know it doesn't mean anything right now, but happy birthday.
>> What?
>> Happy birthday, is it?
>> Yeah, but it means like really ridiculous.
>> [snorts] >> I mean I mean >> I mean we live in Marco. We don't come here ever because of this [ __ ] >> But you know, it's like really >> Well, what are we going to do? Are you going to arrest me?
Are you going to arrest me?
>> We're just trying to find out what's going on right now.
>> I didn't do anything. I didn't get angry.
>> I got to tell you, you know, I I I had high I'd never been to this restaurant before. I had high aspirations.
>> at the time of the bomb?
>> Huh?
>> At the time of the bomb. Where are you at?
>> Oh, Honda.
>> Okay.
>> I had high aspirations for the the restaurant because I heard good reviews about it.
And You know what?
You know, I just I'm I'm just this You know, we sat there, you know, we we were having a nice time, but we just didn't know why we just didn't know why it took 2 hours for our meal to come.
And it's like, you know, >> To what? What did What are they saying?
What do What do we have to do? I mean, there's like 10 cop cars. I haven't done anything wrong.
>> I mean >> Like I thought I was going >> said you did anything. We're just trying to talk to all parties involved. That's all.
>> Okay, but what are they going to do?
They're going to say I did something?
Are they going to arrest me? What is happening here? I just want to go back to Marco.
>> I mean, she took she you know >> She took the plate right away from us.
We was like, >> I are we doing?"
>> you know what's funny? She left She left.
And then the server came out with our meal. And you know, the food was rare. And you know, it's like, "Really?
2 hours, you can have a rare meal?" You know, she's like She's like, "I [snorts] can't believe this." Stewart threw a napkin up in her threw a napkin up like in in uh in the gosh.
>> Your woman would have done the same >> And and then and then and she's like, "You just hit me with your napkin." I mean, really? Are you Is that what we're going to talk about?
>> Whatever.
>> No physical contact. Nothing. I mean, you know, it's like >> Yeah, it doesn't matter. Whatever they say, it doesn't matter. I just want to go home. But if they're going to arrest me, it's fine. We'll just have to figure out how we go home.
Or come I don't know.
>> This is This is what these people want to do?
This is what the Demingos restaurant wants to do?
>> Honestly, I don't know. I'm with you guys.
>> We haven't spoken with them. We've only been out here with you guys, sorry.
>> Yeah, it's like, "Are you kidding me?"
You know what? Uh we walked out of the restaurant in disgust. Happy to go in, pay whatever or pay whatever bill we have, and be done with it.
>> out not paying. It They didn't give us a bill.
>> they didn't give us a bill.
>> But I felt threatened and I I felt I felt threatened, so I left.
>> I don't need this [ __ ] at this this stage of my life.
>> Yeah, I felt threatened, that's why we left.
>> You know, we we were like, "You know what? We we felt We felt threatened as well." I said, "You don't pay, I'm just getting out of here."
We're not driving. We could have gotten in the car and you know, we're responsible if you want to do this.
So, whatever it is, it is. Live on Marco, live on >> Just stop. Just stop. It's >> Huh?
>> It doesn't matter. Just stop talking.
>> it sucks.
>> Stop talking. Please stop talking.
You're talking >> I I it's just ridiculous. She's your So, you have an idea what it >> As police began speaking with the restaurant staff and the witnesses at the [music] bar, the story was no longer just about a delayed birthday dinner.
Each statement started to reveal a different side of the dispute, how the situation escalated, and why the staff believed it had gone beyond a simple customer complaint. [music] >> Um, I don't have my bag, but my manager is in here.
>> So, he's the manager, the one that got assaulted?
>> Uh, Candle. She's a woman, yeah. This lady that's screaming off her mind, she slapped her across the face. I personally didn't see it. She just like yelled for me to call the police.
>> the restaurant?
>> Yeah, we have witnesses at the bar.
>> Perfect. Appreciate it.
>> Um We don't have very many cameras.
>> All right, thank you.
>> Let me Let me bring you to Candle, our manager.
>> Hey, uh, ask her if she can grab some spoons.
>> Yeah, I'm going to grab some spoons.
>> I'm Officer Myer, doing officer writing in this police department.
>> Um, I was just more or less worried about them driving. I think they're getting away cuz they were walking straight to the car. Are they gone?
>> No, that's where you have them over there. Just what happened in the restaurant here, though?
>> Okay, so there's a group of people that also saw it, but I was helping interact.
I guess there was a guest issue. They were waiting for some food. So, I went to check on them. Uh, they wanted their stuff cooked up more, so I just was standing right there, and the They were both upset with how long they'd been waiting. I'm like, I'm just sorry, I'm trying to help you out. And this lady just kind of like turned to me, and her whole demeanor changed. I was like, "Ma'am, please don't speak to me like that." And she kept trying to reach me.
I was like, "Don't put your hands on me." I said, "I'm just trying to help."
And then when the language started, she was like, "You're the effing worst."
She's like, "You're so [ __ ] disgusting."
All these guests in the corner saw Um Um, we were in the corner of the bar where those guests are standing. Yeah.
So, I was like, "You know what?" When she started getting ugly, she was like putting her I was like, "You know what?"
So, I went to reach, and I grabbed the food. I'm like, "I'm just going to go ahead and ask y'all to leave." And she stood up, and she like She was like, "You're the [ __ ] worst." I'm like, "Uh, I don't even know where she I thought she got me right here."
Um, it's so weird.
>> Yeah, you do.
>> Just take a picture of her eye. I got my eye doctor appointment.
I just saw her.
>> I just don't want them to see me.
>> All right. So, first things first, I can't persuade you either way, but are you willing to pursue charges?
>> Yeah, I'm sure. She doesn't need to be putting her hands on >> Perfect.
All right.
All right. So, what I'm going to have you do is I'm going to have you fill out a sworn statement. Is that what happened?
My colleagues are going to come back with this form, take a picture of your injury. Okay? It's all right.
It's okay.
It's not embarrassing. You're doing your job, and she she put her hands on you.
You know, that's not acceptable anyway.
>> Why?
>> How you doing?
Nice to meet you.
>> Nice to meet you.
>> Nice to meet >> It's mainly she and I that Well, we all were witnessing it.
>> All right.
Okay.
>> She was sitting here and observed the entire thing, but she's 14.
>> All right. So, I'll just you were sitting there with them. All right.
So, just explain to me what happened in a nutshell.
>> So, we uh I mean, we saw the whole thing, but um when we sat down, the lady was by herself, and and we grabbed this chair, and she's kind of pushing us over. We're like, all right, whatever.
>> Okay.
>> And then her husband came back maybe from the men's room, sat down, and they had their drinks, and then their dinner came. And they were complaining about their dinner.
>> Okay.
>> And uh we were sitting here, and we could hear that she was upset about the dinner not being cooked well enough.
So, they brought it back, >> All right.
>> cooked it, and brought it back, and then she just got angry at the at the >> All right.
>> at the woman there, and she hit her twice in the face with a napkin.
>> Okay.
>> with her hand.
Pretty aggressive.
Like from like here to here. Like very close.
>> That makes it up the marks. I thought it was more than that, though.
>> Yeah. Um it's like my daughters are here, >> Okay.
>> and sending your wife for us. I'm like, hey, do your job. Get her out of here.
>> Okay.
>> And she came over to me and gave me a little finger and said break my glasses.
>> So, I I I noticed her from over there. I saw them push the skate back.
>> Right.
>> And then they were arguing about that and I saw her say like get out of my face, get out of my face doing that. I looked back over and she hit her in the face once and then she slapped her across the face again with the napkin.
>> Okay.
>> It was like on the ice.
So, it was a Okay. And then she got upset because he started like my sister's 13 and I'm the cool one.
We backed away and then he started walking towards And then >> Sorry.
>> My dad goes >> Like >> We're out of here.
in front of my sister who's 13. And I said >> You said that to your dad when he's not sitting in the stroller.
>> She said that.
>> Oh, she said that.
>> She said she said The woman The woman said that. Um the floor manager walked by and we're like I'll be with you in a sec.
>> No, she asked me if we could >> Yeah, yeah. Well, we were sitting here in the same spot. Right, yeah, right.
And then the >> 28 >> insane girl goes like a witness to what?
>> 804-508-977 >> And they walked out.
>> And come back to Jeffrey customer >> Do you need to get my 90-year-old dad back to the house?
>> Um so >> If you don't mind.
>> Just a quick sworn statement. Like I got three of your IDs real quick.
>> Why do you need my ID? I'm not involved.
>> I mean you are involved. You guys were right here together.
>> I'll be involved when I need to be involved.
>> All right, so you need to be involved.
So, can I have your ID?
>> Why do I need to be involved?
>> Because you were involved. You were right here.
>> I'm a witness.
>> Correct.
>> Exactly. So, I'm saying >> I'm just going right here.
>> I'm not I'm not I'm not doing >> Yeah, you're right there.
>> I'm just right here.
>> Huh? Yeah, you're right there.
>> Why don't you sit down? You sit down.
>> I mean this is kind of getting ridiculous.
>> It is, but this is just policy.
Every time we come in contact with somebody.
So.
>> You know what? I'm kind of taking an offense to all this [ __ ] Personally.
>> There's no reason to be offended. It's not a crime.
>> No, you know, like you know what?
I deal with police all the time.
>> Yeah.
>> No problem. I want I want to take a video of this whole situation.
And that's being handled.
>> Wait, just to confirm.
All right, ma'am. I'm going to need you to stand up, all right?
All right. So, at this point, yes, you are being placed into custody.
The caller advised that you committed battery.
>> Okay.
>> Okay.
>> But what do I do?
I didn't do anything.
>> For tonight, you're going to go to Naples Jail Center.
All right. I'm sure you'll be out in the morning.
>> Oh, SHE'S ACTUALLY DRIVING.
>> [screaming] >> THIS IS [screaming] NOT RIGHT!
THIS IS WRONG! YOU WERE SUPPOSED TO BE GOOD GUYS! YOU WERE SUPPOSED to be the good guys!
>> I'm going to I'm going to take her. I'm going to take her.
>> I'm going to take her from you.
>> I am going to take her.
>> With her allowing you to, you will. Not without that. Okay?
>> Ma'am, I'm going to Can I take your purse?
Ma'am.
>> Is it okay if your husband takes your purse? Is there anything in your purse that you need?
>> No.
>> Okay.
Here you go, sir.
>> I don't even know how to drive. Come on.
I don't know how to [ __ ] >> You guys were the good guys.
>> Do you want >> Do you got You guys were the good guys.
>> We only go with what the other people say.
It's going to become a court matter.
>> You were the good guys! I I'LL YOU ALL THE TIME!
>> It's a possibility that jail will contact you. All right, we will get your contact number to include on the next of kin information.
>> And what's your name?
>> Officer Bloomquist number 321. I already told you that on camera.
>> Zafiro 348.
>> Thank you very much.
>> All right.
I'll make sure that that's included on the booking sheet as the next of kin information, okay?
>> And uh do you have any expectation of her >> I would expect the morning, but I can't guarantee >> So she's going to stay overnight in the jail?
>> At this point at this point of night, >> probably >> Okay, it doesn't really affect what we need to do. I do >> No, I understand that. But you know what But you know what what what what is the actual charge?
>> Battery.
>> Battery and and the misdemeanor battery is is included on what? What is the What is the What is the investigation that is creating that?
That she did that >> officer can speak >> I wasn't there.
>> No, no, but who but but based on your investigation, what is it that >> off of the victim's word.
>> What?
>> We're going off of the victim's statement.
>> there was there was no physical contact, but I want to know what the battery is.
>> Battery is any unwanted touch.
>> There was no there was no touch.
>> But the victim is saying that there was, so >> No, there was no touch. There was a napkin that touched her face.
>> Okay.
>> So I want to know >> And then your wife swung it, right? And it hit her face?
>> But but that was battery.
>> But that was out of frustration.
>> It doesn't matter if it was >> what I want to understand. No, I want to know what exactly happened and what's being charged here because >> I'm just being charged with misdemeanor battery right now.
>> Okay, but I want to understand what that battery means because >> Battery in the state of Florida. So what state are you from?
All right, so you're from >> Florida and Massachusetts.
>> Okay, so for example, in Massachusetts it'd be considered assault. Here in the state of Florida it's considered battery. It's a little bit they separate it. All right, assault is verbal, battery is going to be physical. So she's going to be charged with misdemeanor battery right was the physical thing I'm not getting into details about it.
You want >> No, no, I want to understand >> You want a full report? You're more than welcome to go to the Naples Police Department >> No, no, I want to understand what's been told to you. I want to understand what's been told to you, sir.
>> I'm not going to discuss that with you.
If you want If you want to get gather a report later on when >> No, no, I want to understand >> And the investigation is done, the the woman in question was hit with a napkin. I want to know what's been told.
>> Listen, sir, we told you your wife is >> under arrest without >> I'm going to give you a In all honesty, you want a full >> No, I want to understand >> the Naples You can go to the Naples Police Department and get a report >> All I know is that you I want to know who's the investigating >> I'll provide you with the number for records >> Are you the investigating officer?
>> No, he just walked away. That's That was the guy that we were just talking to.
So, as I said, team effort. One person gets something else, another person gets something else.
>> here. I just want to I want the facts and and the facts are fresh right now.
>> Well, you can get the facts later >> the >> Okay. Yeah, yeah, that's fine. I'm sorry, what?
>> Who spoke with the alleged victim?
>> I did.
>> Okay, and what was told?
>> As I said, you can get a police report from the Naples Police Department.
>> me >> I'm not going to tell you because your wife is an adult, okay?
This is her This is her like she's being charged with, as I already said, misdemeanor battery. You want to get a full police report, you can more than welcome to go down to the Naples Police Department, go to records, and then get the full report from there. So, that's an option for you.
>> You don't want to tell me what was what was shared with you?
>> I don't have to.
>> I'm not saying you have to.
>> I'm informing her of what she's been arrested for, and now I'm informing you of what she's been arrested for, and that's all I'm going to say.
>> Cool.
Well, not really cool, and cuz we don't drink and drive.
Now, she's at the >> Jail.
>> Naples or whatever it is, Collier County Jail Center.
>> Yep.
>> So, how do I find out what's going on so I can pick her up and I mean obviously she's going to have to post bail. The question is is she going to be able to post bail tonight?
>> I have no idea. I don't want to speak It all depends on how busy the system is down there.
With the level of crime that she's been charged with, she should be able to post bail in a few hours.
>> So how how does it work for me? I would go in the morning and get prior law as soon as they open.
So go go there in the morning. You don't think she can post bail tonight?
>> No.
Cuz they're going to have to process her all that stuff. I don't know how long it'll take it's depending on them. Try looking in the morning is what I would say.
>> In the end the birthday dinner at the restaurant resulted in a misdemeanor battery charge. [music] After speaking with the staff and witnesses, police took the woman into custody for further processing. [music] This video was made for educational purposes and everyone shown is presumed innocent until proven guilty [music] in court.
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