A judge on July 9 ordered two men to stand trial on charges of aggravated mayhem and torture in the brutal beating of an Australian tourist whom they allegedly threw into a fire pit in Ocean Beach and struck repeatedly with a skateboard on Feb. 27.
Damian Maple, 21, and Francisco Antonio Montoya, 47, are accused of the attack on Robert Schneider, 26, who was knocked unconscious.
He suffered a skull fracture, burns over 12 percent of his body, a crushed eye socket and broken hands.
Schneider was placed in a medically induced coma while undergoing surgery and skin grafts and was released from a hospital in early April.
He returned with his parents to Adelaide, Australia, and wasn’t compelled to testify in last week’s preliminary hearing. Information about his injuries was described by San Diego police officers and medical personnel.
Maple was also ordered to stand trial for allegedly assaulting two other men in Ocean Beach before Schneider.
Colin Bates, whose age was not disclosed, was hit over the head with a trash can near the OB Pier on Dec. 31.
Justin Hayes, whose age was also unavailable, was struck with objects and kicked on Feb. 9 around 10:45 p.m. in a parking lot near Dog Beach in Ocean Beach.
Neither Bates or Hayes testified and information about their attack was described by police officers.
Attorney Mary Knockeart, who represents Montoya, told San Diego Superior Court Judge John Thompson that it was Maple who threw Schneider into the fire pit and that Maple allegedly put hot coals on him.
Montoya reportedly didn’t participate further, said Knockeart, who unsuccessfully urged that charges be dismissed against Montoya.
Attorney Casey Donovan, who represents Maple, said Schneider allegedly started the fight by throwing sand in Montoya’s face around 5 a.m. near the fire pit.
About 15 minutes later, Montoya allegedly threw sand at Schneider and then Maples allegedly attacked Schneider, according to testimony presented in court.
Donovan said the attack occurred among “a group of people who have all been drinking.” Donovan suggested the charges be reduced to simple mayhem and battery but Thompson rejected the request.
Deputy District Attorney Patty Herian said Montoya was upset over the sand throwing and testified that Montoya struck Schneider in the head and face with a skateboard.
She said Schneider suffered permanent injury, burns and disfigurement of the face.
“Mr. Maple enjoys beating people up. He does this randomly,” said Herian.
Thompson ordered Maple to stand trial in the Hayes case for torture and battery and, in the case involving Bates, assault with a deadly weapon.
Montoya is not charged in the Bates/Hayes case.
Police officer Jay Farrington testified that Hayes told him he was punched in the face without warning and bled profusely from the nose.
He said Hayes claimed he was surrounded by Maple and other men who declared it was “Ocean Beach, our beach” and Hayes didn’t belong there.
Hayes went to retrieve his bicycle but “Damian told him to get out of there and to forget about getting his bike,” said Farrington.
The officer said Hayes reportedly sprayed pepper spray at the group but he was chased, tackled and knocked unconscious.
The next thing Hayes said he remembered waking up in a hospital, said Farrington. Hayes’ eyes were swollen shut and he couldn’t open his mouth.
Hayes still reportedly suffers from headaches. His eyes are reportedly sensitive to light, and he claims to have difficulty opening his mouth, said Farrington.
Both Maple and Montoya fled the state following local and national publicity about Schneider’s assault, but they were both arrested on the same day in Idaho and Oregon.
Maple and Montoya will be arraigned July 22 and have a trial date set. Both men have pleaded not guilty.
Bail for both is set at $1 million. Maple is housed at the George F. Bailey Detention Facility and Montoya is being held at the South Bay Detention Facility.