An Edmond man suffered a broken nose, rib injury, three fractured vertebrae and bruising at a metro hotel during a “lifestyle party,” according to court records.
Oklahoma County District Attorney David Prater has filed felony aggravated assault and battery charges, alleging that Michael Shane Robertson and Dustin John Markgraf assaulted the victim, who was unable to defend himself, by kicking and hitting him. A warrant accompanied the filing of the paperwork Monday in Oklahoma County District Court.
In an affidavit of probable cause, Markgraf, 38, of Oklahoma City, is described as being a white male, 6 feet, 2 inches tall, weighing 196 pounds with brown hair and green eyes. Robertson, 41, of Pauls Valley, is described as being a white male, 5 feet, 10 inches tall, weighing 190 pounds.
In May, Oklahoma City Police Officer Michael Klika was assigned to conduct a follow-up investigation in reference to an assault and battery report completed by a fellow officer, according to an affidavit of probable cause filed in Oklahoma County District Court.
During the investigation, it was learned the victim became involved in an argument with another member of the party at the Days Inn Hotel at 2616 S. Interstate 35 in Oklahoma City, the affidavit stated. The victim was asked to leave but refused, police said.
At that time, Markgraf and others began escorting the victim out of the hotel, the affidavit stated. During the process, Markgraf allegedly placed the victim in an “arm bar” in an effort to control him, police said.
As the victim was being physically taken from the hotel, he was knocked to the ground where several persons “piled on,” the affidavit stated. While on the ground, he was allegedly hit and kicked and at one point “choked,” police said.
The victim’s wife was grabbed from behind as she and her husband were leaving the party, the affidavit stated. She witnessed several persons grab her husband and alleged that they started hitting and kicking him, police said.
Markgraf, who suffered an injury during the scuffle, initially told his supervisor his dog caused the injury to his eye, the affidavit stated. After Klika contacted him, he stated he was involved in an altercation in which he landed on the victim’s ribs when the victim fell to the ground, police said. A witness saw him grabbing the victim by his neck, police said.
Under questioning, Markgraf stated he probably did hit and kick the victim, but he did not deliberately hit or kick him, the affidavit stated. He stated that while escorting the victim out of the hotel the victim “gouged” his eyes, police said. When asked, he confirmed he told his supervisor his dog caused the injury, but agreed it was a lie as the victim caused it, police said.
While the victim was on the ground, Robertson was allegedly seen hitting the victim with his fist, the affidavit stated. The victim suffered injuries as a result of the assault on him, police said.
According to a separate Oklahoma City Police Department incident report filed by Officer Kyle Massey the victim had suffered several visible injuries. The victim and his wife said they did not want to file a report and just wanted to go home, police said.
At about 10 p.m. on April 29, Massey received a call from the victim wanting to file an incident report. The victim told the officer he and his wife were with friends at a private party at the Days Inn banquet hall, police said. They were outside walking to their car when he was blindsided by several unknown persons, police said.
The victim claimed about 4-5 white males allegedly began to beat him, first with fists and then with their feet as he fell to the ground, police said. While the males were allegedly beating him, three more white males held his wife, leaving bruises on her arms, police said.
The victim could probably recognize one of the white males, police said. They were at the private party but the victim did not know them, police said.
Friends of the victim talked to one of the white males who said he hit the victim and then “took care of him,” police said. The victim was able to give officers the hotel room in which that male was spending the night, police said.
Police said the victim decided he wanted to press charges.
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