Legal filing reveals Ludwig Kaiser’s side of battery arrest incident
A new legal filing has revealed Ludwig Kaiser’s side of the story regarding the April incident that led to his battery arrest.
In advance of a pre-trial conference scheduled for tomorrow (July 16), the defense has filed a motion attempting to get the battery case against Kaiser (real name Marcel Barthel) dismissed. The motion cites Florida’s “Stand Your Ground” law that allows someone to use non-deadly force in a situation where they reasonably believe it to be necessary to protect themself or another against “imminent use of unlawful force.”
The incident between Kaiser and the alleged victim (Richard Reap) took place on April 23 at an Orlando, Florida apartment complex where they both lived. According to Reap, Kaiser and a female were aggressively kissing while the three of them were on an elevator. Reap says he told the couple to “please have some manners,” which led to Kaiser attacking him.
Kaiser’s version of events says he and his girlfriend (WWE/AAA broadcaster Andrea Bazarte) were hugging in the elevator, which led to Reap swearing at them while telling them to have some respect. When Kaiser asked Reap what he said, Reap allegedly told him to “Have some respect before I call ICE on that bitch.”
A confrontation ensued, but Kaiser says he did not threaten or touch Reap until Reap “aggressively” raised his hands and got close to him. Kaiser says he then pushed Reap away, but Reap twice came back in a threatening manner. Kaiser says he pushed Reap but did not retaliate when Reap threw a soft drink bottle at him. The confrontation then ended after that.
Here is the relevant text from the filing:
- The elevator stopped at the 12th floor where Mr. Reap exited, and as he exited Mr. Reap made loud comments to Mr. Barthel and his girlfriend to the effect of, ‘Have some f***ing respect.’ Apparently, Mr. Reap was offended by Mr. Barthel and his girlfriend hugging while in the elevator. Mr. Barthel leaned out of the elevator to ask Mr. Reap what he said as he was confused by the statement. Mr. Reap then made a statement to the effect of, ‘Have some respect before I call ICE on that bitch’ Mr. Barthel’s girlfriend is of Mexican descent.
- Mr. Barthel exited the elevator and confronted Mr. Reap verbally telling him his statements were offensive and inappropriate. Mr. Barthel did not threaten or touch Mr. Reap at that point. Mr. Reap then came toward Mr. Barthel aggressively raising his hands and getting very close to him. Mr. Barthel, in fear that Mr. Reap was going to batter him, pushed Mr. Reap away.
- Mr. Barthel walked back into the elevator, where his girlfriend was standing. Mr. Reap then approached the elevator in a threatening manner. Mr. Barthel stepped out of the elevator and told Mr. Reap to leave them alone. Mr. Reap walked away briefly and came back toward the elevator again in a threatening manner. Mr. Barthel was concerned that Mr. Reap would physically attack him or his girlfriend, so he pushed him away, and returned to the elevator.
- Mr. Reap then threw a soft drink bottle at Mr. Barthel. Mr. Barthel did not retaliate. Rather, he remained in the elevator, pushed the button for his floor and left the area.
- In this altercation, Mr. Barthel pushed Mr. Reap only after Mr. Reap had approached Mr. Barthel aggressively and threatened him. Mr. Barthel pushed Mr. Reap to stop his continuing approach and attack. Mr. Barthel then entered the elevator where his girlfriend remained and left the area.
The filing argues that Kaiser was justified in using non-deadly force to protect himself and his girlfriend, and the defense is asking the court that Kaiser be granted immunity from further criminal prosecution in the case. He is facing a misdemeanor charge of battery at the moment.
In late June, Kaiser’s defense was granted access to surveillance footage of the incident, which should show which version of events is closer to being accurate. The original arrest affidavit says a police officer reviewed the footage and saw Reap being punched and pushed. Police also observed a “large, fresh scratch” on Reap’s head in person.
Kaiser has been allowed to travel freely while the case plays out. After the legal side is resolved, Kaiser could potentially be facing a civil suit, as Reap has obtained an attorney who focuses on civil litigation and personal injury.