Ludwig Kaiser's Motion To Dismiss Battery Case Denied

Ludwig Kaiser's attempt to have the battery case against him dismissed has been rejected and the case will continue.

Kaiser - who performs as El Grande Americano in WWE/AAA and whose real name is Marcel Barthel - filed a motion in July to dismiss the battery charges against him based on statutory immunity under Florida's Stand Your Ground law. At a hearing on Monday, October 19, Judge Andrew L. Cameron rejected Kaiser's attempt to dismiss the case and a pre-trial conference is scheduled to take place on December 17.

Marcel Barthel was arrested on May 20 on one count of battery following an incident on April 23 outside of an elevator at Barthel's apartment complex in Orlando, Florida. Barthel was unaware of the arrest warrant against him until May 19, which prompted him to travel from Mexico to Orlando and turn himself in. Barthel was bailed out of jail on a $1,000 bond paid by WWE's Gunther (Walter Hahn).

The police report about Barthel's arrest stated that Kaiser and his partner, Andrea Bazarte, were allegedly "acting in an 'uncontrollably intimate' manner," described as aggressive kissing, while in an elevator with another individual, Richard Reap. When Reap exited the elevator, he allegedly asked the couple to "please have some manners." The police report noted that Barthel then attacked Reap by punching him multiple times and pushing him to the ground before threatening further violence. CCTV footage of the incident reportedly showed Kaiser punching and pushing the complainant outside of an elevator at the time the incident was alleged to have taken place. 

Marcel Barthel pleaded not guilty on May 21. Legal filings ahead of a pre-trial hearing in July provided Barthel's side of the incident, in which he claimed that he and Andre Barzarte were hugging in the elevator. When Richard Reap exited the elevator, he told the couple to "have some f*cking respect." Reap, according to Barthel, then made a comment about calling ICE on Bazarte. When Barthel verbally confronted Reap, the complainant allegedly aggressively raised his hands and got close to Barthel, which prompted Barthel to push Reap away in self-defence. Barthel later pushed Reap away a second time, he claims, in self-defence.

"In this altercation, Mr. Barthel pushed Mr. Reap only after Mr. Reap had approached Mr. Barthel aggressively and threatened him. Mr. Barthel pushed Mr. Reap to stop his continuing approach and attack. Mr. Barthel then entered the elevator where his girlfriend remained and left the area," Barthel's account of the incident states.