Hooters brawl: Caught on tape - MSNewsNow.com - Jackson, MS

Hooters brawl: Caught on tape

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OAK LAWN, IL (NBC) - A controversy is brewing over what happened at a Chicago area Hooters Restaurant.

The security cameras inside the Oak Lawn Hooters captured the whole story.

54-year-old paralegal Livier Torres is disputing a charge on her bill with the manager and security guard Joseph Schmidt, an off duty Oak Lawn police officer.

Torres reluctantly puts down her credit card but is still clearly incensed.

The off-duty cop then makes a remark according to Torres' daughter that suddenly changes the dynamic into an ugly scene.

"He was telling her 'All you people are the same,' and she was like 'What do you mean all the people are the same? Are you saying a prejudice remark because I'm Mexican'," she says.

Just as the manager returns to have Torres sign the credit card receipt, the off duty officer does something that horrifies onlookers.

"He already had her by the hair and he was slapping her, and I ran up to my sister and I'm like 'He's an off duty cop, don't touch him he's got a gun!' and that's when I was in the middle of the video, and I was pointing at him and I was saying 'You better let go of her right now!'. He ended up getting over the radio and I guess calling for back-up," says Gabe Moreno, a witness to the incident.

Several Oak Lawn squad cars arrived.

Torres was arrested and put in one of them.

Suddenly there were two very different sides to this story.

Officer Schmidt testified in court that Torres spit on him.

"There is no evidence of that on the video and further there are witnesses that corroborate my client," says Livier Torres' attorney Phillip Bartolementi.

Nonetheless the verdict was guilty for the grandmother of four who is now serving almost seven months for misdemeanor battery in Cook County's maximum security women's unit.

Her family admits she has a temper when she believes he's been treated unfairly and has some prior convictions for DUI and retail theft, but her attorney has filed a civil suit against Hooters, Officer Schmidt and the village of Oak Lawn.

"Even if he had cause to believe he had probable cause to arrest her he did not have probable cause to arrest her and beat her," says Bartolementi.

The Oak Lawn Police chief says me he has not seen the security video or the lawsuit and until he has he will stand by Officer Schmidt's decisions and actions.

Hooters' chief marketing officer has not responded to multiple requests for a comment.

While under arrest in the squad car Torres was asked to sign her credit card receipt to pay for her meal, and she did.

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