ATLANTA — An Atlanta man said he is worried criminal charges will soon be dropped and he won't receive justice after being brutally attacked outside a bar and left in a coma back in 2018.
“Multiple men jumped me and left me clinging for my life in a coma on a ventilator,” said Atlanta J. Westley Day, as he described the attack that he says changed his life.
“I experienced a hate crime based on my sexual orientation. I had stitches on the top of my head, my eyes were swollen shut for a day, the trach from down my throat left me unable to speak, there were bruises all through my body from being stomped -- all down my leg, my back, my head, lips swollen and busted,” Day explained.
In the video leading up to the incident, you see one of the suspects approach Day and hit him. He said shortly after the beating occurred, he spent six days in the hospital. Some of that time, he said, was in a coma. But when he was released, Day said things got worse because he was charged with a crime along with two suspects.
“One of my assailants, who was on camera, (was seen) throwing the very first punch," Day said. "The original assailant -- his case was dismissed in 2020. My case would not get dismissed until 2022."
According to an Atlanta Police incident report, people outside the bar told Day to stop recording in front of the establishment, and when he refused, things escalated.
Day said he was recording to document offensive comments being yelled at him, and Day claims the Fulton DA's office recently told him charges against the second suspect in his case could soon be dropped.
Wednesday, during a Fulton County Commission meeting day, pleaded with officials to intervene.
"I ask you to contact Judge Schwall and Fanni Willis to ask them not to dismiss the case,” Day said to the commission during public comment.
Day made a similar plea Monday during the Atlanta City Council meeting, and now he’s hoping commissioners or councilmembers will help him get justice.
“I’ve had to fight so hard -- it took four years to get my case dismissed. It’s taken over five years to potentially get one of the assailants to court in which that’s threatening to be dismissed. It just seems unfair at any angle that you look at this that justice has not came full circle for me,” Day said.
11Alive reached out to the Fulton County District Attorney’s Office for comment but did not hear back. Day said he is being told the only suspect still charged in this case will be in court on Monday, and it’s very likely that the 5 charges he faces, which include aggravated assault, could be dropped at that time.