Man accused of assault after allegedly kicking his robber in the face and head

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AUSTIN (KXAN) — A man was charged with aggravated assault after attacking another man who took the suspect’s phone, according to an arrest affidavit.

Marcel Clermont, 35, has been arrested after what he describes as fighting back during a robbery attempt.

Police say they were called to the Amtrak station at 250 North Lamar Boulevard early Thursday morning where they located a man with swollen eyes, facial injuries and blood coming from his mouth.

The suspect told police that the victim and a third man they both knew approached Clermont where he was charging his phone with a public outlet. The suspect said that the third man kept telling him to try some of the drink he was drinking, according to the affidavit.

The affidavit says Clermont began to believe he was being distracted by the mutual friend and noticed the victim had unplugged the suspect’s phone and pulled it towards him.

According to police, Clermont said he confronted the victim about taking the phone, but the victim said he didn’t know what the suspect was talking about.

Clermont said he reached around the victim and into his right pocket to retrieve his phone, then reached to the victim’s left pocket to pull out a phone charger, but the charger did not belong to the suspect’s phone, according to the affidavit. Police say Clermont’s second attempt to get his charger was successful and he returned the wrong charger to the victim.

According to the affidavit, Clermont said the two men exchanged words until the victim “stepped up” to him before the suspect struck the victim.

The third man grabbed Clermont and began to “play fight” and the suspect took the third man to the ground, according to the suspect’s statement in the affidavit.

Police say the suspect told them he walked away from the two men, but the victim was ready to fight and Clermont was ready to fight back.

Clermont told police the victim went to strike him but the suspect “went Taekwondo” on the victim, hitting him in the head causing the victim to fall to the ground, according to the affidavit.

According to police, Clermont said he heard the victim snoring while laying on the ground and rolled over showing that blood was bubbling from his mouth. Clermont told police he rolled the victim back over so that he would not choke on his blood, police say.

The affidavit says police observed blood splattered on both of the suspect’s steel-toed boots.

When investigators saw photos of the victim they noted injuries inconsistent with being punched, police say.

Medical staff at Dell Seton told police the victim’s injuries consisted of multiple depressed skull fractures and multiple brain bleeds; life-threatening injuries, according to the affidavit.

According to the affidavit, Clermont is charged with aggravated assault, a second-degree felony, as police say he allegedly “kicked [the victim] in the head, while wearing steel-toe boots, and in its manner of use is capable of causing serious bodily injury or death.”

Clermont is currently in custody at Travis County Jail.

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