The Marcel Barthel battery case is scheduled to continue next month.
The first pre-trial conference was held Thursday in Orlando, Florida, and Barthel was not present, but was represented by his attorney. According to logs from the Orange County Clerk of Courts, a second pre-trial conference is set for Thursday, Aug. 27. It remains to be seen if the case will reach trial, but Barthel, a.ka. Ludwig Kaiser/El Grande Americano has waived his right to a speedy trial.
Barthel faces a misdemeanor battery charge for an incident on April 23.
A day before the pre-trial conference, Barthel filed a motion to dismiss the case based on Statutory Immunity under Florida’s Stand Your Ground law.
The section of the statute states: “A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have the duty to retreat before or threatening to use such force.”
There was a list of facts that the defense claimed supported the motion.
They claim that Richard Reap, the alleged victim in the case, “made loud comments,” such as “Have some fucking respect.” This allegedly was in response to Barthel and his girlfriend, Andrea Bazarte, hugging. Barthel leaned out of the elevator to ask what Reap said, and Reap responded, “Have some respect before I call ICE on that bitch.” Bazarte is of Mexican descent. Barthel exited the elevator and confronted Reap, telling him his statements were offensive and inappropriate, but he did not threaten or touch Reap.
Reap then came toward Barthel “aggressively raising his hands and getting very close to him.” Barthel pushed Reap away “in fear” that Reap was going to batter him. Barthel went back into the elevator, and Reap approached the elevator in a “threatening manner.” Barthel told Reap to leave him and Bazarte alone, and after walking away briefly, Reap again came back toward the elevator in a threatening manner. Barthel was concerned that Reap would physically attack him or Bazarte, so he pushed him away.
Reap then threw a “soft drink bottle” at Barthel, who did not retaliate. He remained in the elevator and left the area.
The defense reiterated that Barthel’s use of non-threatening force was justified under Florida’s Stand Your Ground law. They claimed that the facts contained in the motion raise a prima facie case of self-defense and, therefore, the burden shifts to the State, meaning the State would need to provide evidence that Barthel’s use of force was not self-defense, and he did have a “duty of retreat.” If they cannot, Barthel was then justified in his conduct and is immune from criminal prosecution.
