UPDATE (10-04-20): According to Kress' jail listing from Volusia County Corrections, he has bonded out and is no longer in custody.
Daytona Beach Shores, FL - A 46-year-old South Daytona man is now facing charges following an attack that hospitalized a victim—who had to undergo two surgeries.
According to a report from the Daytona Beach Shores Department of Public Safety (DBSDPS), investigators met up with the victim of the September 18th incident, which took place at the Surfside Tavern off of South Atlantic Avenue, while he was still admitted as a patient at Halifax Health Medical Center's Intensive Care Unit in Daytona Beach.
The victim—who was being treated for five fractured ribs and a ruptured spleen that had to be removed—told police that he went down to the bar after learning that they had reopened. After arriving, he began to play pool with another couple and ordered a drink.
At some point, the victim was still playing pool when another male, later identified as Richard Kress, sat down at the bar where he had placed his drink and payment. Seeing as the seat had been taken, the victim reportedly walked over and said that Kress was seated in his stool, which Kress supposedly ignored.
That's when he took his drink and cash and moved it several seats down before he continued to play pool. The victim also claimed he had no memory of further contact with Kress.
But, when he had his back turned to the bar, he was struck from behind which caused him to fall to the floor. He recalled seeing boots or shoes kick him when he was still on the floor of the Surfside Tavern. After a few moments, he was helped to his feet and moved to a seat at the bar. That's when the victim called his wife, who later called 911.
According to investigators, Kress was later identified as the suspect by employees at the bar, who said he was a usual at the establishment. None of the employees saw the initial strike, but they did watch as the victim hit the floor. It was also at that time that they saw Kress who appeared visibly upset as he reportedly made statements about his bar stool being moved.
Then, after the attack, Kress paid his open tab and exited the bar. Investigators noted in the report that the bar's video surveillance did not show the attack, but it did show Kress leaving the building after paying his tab.
Kress spoke to police over a week after the incident and said that he traveled to the Surfside Tavern that day after work with his girlfriend. He also stated that he believed the victim's injuries must have been caused by himself, explaining that he appeared to be intoxicated.
Kress also told police that he was asked to leave the bar by a staff member following the incident, which he did after paying his bar tab.
After reviewing the evidence, investigators charged Kress with felony battery. He remains in custody at the Volusia County Jail without bond. Data from Volusia County Corrections also shows that Kress has been jailed once before in 2017 for a DUI charge.