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It's been more than two months and authorities have still not decided whether or not to charge an off-duty Irondequoit Police Officer with a crime for his alleged role in a fight in a Rochester night club on Memorial Day Weekend.
While this case sits in the Monroe County District Attorney's Office the alleged victim in this incident spoke exclusively to YNN.
"They threw me to the bar, and they kicked me again," said Guillermo Franco.
It was a night Franco would like to forget.
"'Cause in one second my life changed," Franco said.
It was about 1:15 a.m. on May 29, 2011. It was the end of a slow night at Club Vinyl in Rochester’s East End. Franco said he returned from the bathroom to see a white male trying to dance “aggressively” with his girlfriend.
"She had her hands up like 'I don't know this guy, help me.'"
Franco claimed when he "gently" put his hands on the man's shoulder to try to move him away, the man turned and “got in my face.” That’s when Franco said he was pushed to the ground, and when he got up, another man rushed in and punched him in the back of the head.
"The force of that blow took me to across the bar," said Franco.
While on the ground, Franco said both men continued assaulting him.
"I feared for my life because I was getting kicked. My head was split wide open. I was bleeding," Franco said.
Vinyl Security Video obtained by YNN shows security rushing to Franco’s aid in seconds, but by then, Franco said, he already suffered a concussion, and had two gashes on his head that required 13 stitches. Franco didn't know these men and was shocked to find out who they were.
"The information I received during the course of the investigation was that it was two brothers, one of which is employed by the Irondequoit Police Department," said Chief James Sheppard of the Rochester Police Department.
Sheppard said his department conducted a complete, thorough, and impartial investigation; one that lasted several weeks. Franco was able to identify the off-duty Irondequoit Officer out of a line up.
"I immediately knew who he was, and they verified who it was," Franco said.
According to the police report, three people, including the club's manager were interviewed by police and backed up Franco's story.
"Our investigation determined it was worth forwarding to the District Attorney’s Office to make a determination on where those charges should go," Sheppard said.
Sheppard said the video tape could confirm there was a physical assault. Exactly who was responsible was inconclusive and charges were not filed.
"The video definitely, I think, shows that I was never the aggressor," Franco said.
The Irondequoit Police Department conducted its own investigation, but Franco said the officer who allegedly attacked him is still on the job.
"If it were anyone else they'd be in jail, or at least charged with a crime," Franco said.
He said memories will continue to haunt him until this case is resolved one way or another.
"Let it go through court. Let a jury, or a judge decide," Franco added.
Monroe County District Attorney Mike Green has not been available this weekend to comment on where the apparent case against this officer or his brother stands. The Irondequoit Police department did not return our calls, but in the past has said it does not comment on personnel matters.