On July 27th, Frederic Sterry Smith, 62, and a female companion were finishing their meals at Milagro On 12 Latin Kitchen in St. Augustine, where the incident occurred.
When presented with the bill, Smith allegedly did not leave a tip and instead wrote, "If he wasn't gay." The waiter showed his manager the receipt, and she walked outside of the restaurant to confront Smith, Naples Daily News reports.
Smith admitted to writing the note, grabbed the receipt from her hand, ripped it up, and pulled open her collar to shove the check down her shirt. He also reportedly touched her breast while doing so.
According to the Naples Daily News, a coworker said that Smith told the manager that he would "[expletive] rip it up in her face" before forcing the check down her blouse.
Police were able to locate Smith within an hour. Smith denied the incident and became verbally abusive to the responding officers.
"I can say whatever I want, to whoever I want!" Smith said, according to the Naples Daily News.
That day, Smith was arrested and charged with simple battery, a misdemeanor, and his bail was set at $500. According to St. Johns County Sheriff's Office jail records, Smith was released the following day.
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