MIAMI (WSVN) - A Miami Lakes attorney who ended up behind bars after a fight on board a cruise ship said a video proves that he was the victim of the attack instead of the attacker and that he was defending his family.
Phillip Ortiz told 7News the scuffle with the 67-year-old man occurred aboard a docked cruise ship last month at PortMiami.
Cellphone video obtained exclusively by 7News shows the scuffle that landed Ortiz in Miami-Dade County jail.
The video shows a struggle over passing through a doorway. The man is seen pushing the door inside while Ortiz is trying to open the door to pass through.
Speaking with 7News, Ortiz said he was trying to allow his family to get through the door.
“Both of my daughters were on the other side of that door,” he said.
However, both his 6- and 14-year-old daughters had previously gone through the door as Ortiz’s wife appears to call them from afar.
During the effort to get past the stranger, the video shows the man putting his hands on Ortiz’s wife, prompting her to kick him away.
“He put his hand on my significant other,” said Ortiz.
The scuffle then escalates when the man closes the door on the couple.
“I’m warning him, stop blocking access to my children,” said Ortiz.
The video then shows Ortiz pushing the door open and lunging toward the man, grabbing his shirt with both hands. The man’s head appears to hit a wall, and then Ortiz pushes the man, and they both fall on the ground.
“My kids are here! I’m not [expletive] around with you! My kids are there!” Ortiz is heard saying in the cellphone video.
The South Florida attorney said he was only thinking about his kids.
“That’s all that was on my mind, was my kids,” he said.
The man stays on the floor, appearing to have been knocked out. Ortiz’s 6-year-old daughter and other members of the party are all then seen walking off.
When police arrive, Ortiz tells them he and his family were headed to their rooms, but says as they tried entering a hallway, the man refused to let them through a door.
Still, Ortiz was placed under arrest and charged with battery of a person over the age of 65.
Weeks later, Ortiz and his lawyer, Stephen Lopez, say it was all self-defense.
“At this point, Philip Ortiz is no longer an attorney. He’s a father, and he’s entitled to self-defense,” said Lopez.
7News has learned Lopez has filed a motion to dismiss the case.
Documents provided by Ortiz’s legal team say the victim, Gary Popiela, told cops he “pushed the girlfriend who pushed me.” He also said he’d been drinking.
But Ortiz said the altercation was all because he was protecting his family.
“I had no other option as a father but to protect my children,” he said.
7News reached out to Popiela but did not hear back.
Lopez said there is more surveillance video showing the fight, and they hope to get it soon.
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