A man has been charged with manslaughter after police said he pushed over another man outside of a bar in Downtown Austin, causing him to die of head injuries days later.
According to the warrant for Spencer Frank Carlton, he and his wife were drinking at The Dogwood Bar on West 6th Street and West Avenue on March 15. Carlton told police that a man, identified as Jerry Don Summers, was walking around in the bar grabbing and groping the breasts of women.
While Carlton was in the restroom, surveillance video shows Summers reaching out to Carlton's wife and grabbing her breast before leaving the bar with his friend. The video then shows the wife talking to Carlton and trying to grab his arm to stop him from abruptly leaving the bar.
Carlton told police that he walked out of the bar and found Summers walking down the sidewalk. Carlton said he shoved Summers in the chest with both hands, causing him to fall backward and hit his head against the ground.
"JD never knew what hit him," said Kevin Stutz, who was with Summers the night of the assault. "The gentleman literally just ran right into JD, forcefully kind of pushing him in his chest, sending him sailing backwards, 10 to 12 feet."
A gut-wrenching moment for Stutz to remember.
"He came to for two minutes. He came to for about two minutes and then he went out again," said Stutz.
The affidavit states that when police arrived, Carlton was kneeling next to Summers and was "obviously upset and scared" as he told police what occurred.
Summers was taken to the hospital. Stutz said he never woke up and was taken off life support on March 19.
Friends and loved ones said their goodbyes to Summers at a memorial held at Riverbend Church in West Austin on Tuesday afternoon. His ashes were scattered in the Remembrance Gardens.
"It was just heart breaking and mind boggling," said Stutz.
Stutz said March 15 started low key, watching bands with his best friend during South by Southwest.
Lt. Justin Newsom with APD's Homicide Unit said groping is an assault. He also said Carlton had a right to defend his wife at the time of the incident and not after.
"Texas law does not give you, is the ability to retaliate, to pursue someone who has fled after the assault and use force against him," Newsom said.
But Stutz says if there is a silver lining in the tragic death of his best friend, in that Summers was a organ donor. Summers ended up saving six lives when he lost his.
Spencer Carlton's attorney released a statement Tuesday saying, "This is a terrible tragedy for all involved. Mr. Carlton had no intention of harming anyone. Accounts that he 'plowed into' the gentleman are not accurate. Once it was clear to him the individual was injured, he attempted to assist directly and by urging others to call 911. He stayed on scene at the side of the injured man and cooperated with the police."
Carlton is out of jail on a $10,000 bond.