Background: The Norwegian Oncore (YouTube/Talking Cruise). Inset: Phillip Andrew Ortiz (Miami-Dade County Corrections and Rehabilitation).
A Florida lawyer is in a legal bind after allegedly attacking an older man on a cruise ship docked in Miami.
Phillip Andrew Ortiz, 38, allegedly pushed his victim during a confrontation on the Norwegian Encore cruise ship on Saturday, according to an arrest affidavit reviewed by Law&Crime. The Miami-Dade Sheriff's Office says that Ortiz and the other man, who is reportedly 67 years old, were both passengers on the ship when they were "involved in a verbal dispute that turned into a physical fight" shortly before 2 p.m.
Ortiz, according to the victim, "attempted to enter a hallway that was not yet open to passengers and he told [Ortiz] not to go in," the affidavit said.
"Who the f— are you to tell me what I can and can't do?" Ortiz allegedly replied before pushing the victim. The older man told investigators that "he tried to push [Ortiz] away and [Ortiz's] female companion pushed him as well."
When the victim pushed back, "it enraged the defendant, who attacked him again," the affidavit said.
According to the victim, Ortiz then "entered the secured hallway" anyway. The older man told investigators that "he attempted to push the door closed so that [Ortiz] could not return."
Ortiz then allegedly forced the door open and "charged at the victim."
A physical fight followed, during which Ortiz allegedly "tripped the victim, who landed on his head along with [Ortiz's] full body weight, causing him to lose consciousness."
Ortiz then allegedly fled the scene, "making no attempt to render aid," the affidavit said.
Passengers administered CPR and eventually revived the passenger, who was taken to an area hospital. The victim's account of events matched security footage from the ship, the affidavit notes.
Officials later tracked down Ortiz and, according to the affidavit, provided him with "a Miranda right[s] form, which he refused to sign." Ortiz also allegedly refused to speak with detectives.
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"The defendant had the opportunity to end this confrontation, but chose to force his way back into the area and continue his aggression towards the victim," the affidavit says, noting that Ortiz was then arrested "without incident" and taken into custody at the Turner Guilford Knight Correctional Center in Miami.
Ortiz's lawyer, Stephan Lopez, said there is more to the story than what's indicated on the affidavit.
"The so called elderly person is bigger [and] stronger than my client," attorney Stephan Lopez said in a statement to People. "[He] was already drunk prior to the ship departing and he instigated and initiated the aggression amongst other things, assaulting my client's wife and preventing access to their children 6 and 14 by, without authority, closing a door behind them and preventing access."
Eleventh Judicial Circuit Judge Mindy Glazer appeared to agree that the initial felony charge of aggravated battery on a person 65 or older was not warranted.
"I don't find this to be an aggravated battery," Glazer said during Ortiz's probable cause hearing on Monday, according to local news station WPLG. The judge reportedly noted that there were no indications the victim had suffered "permanent injuries" from the confrontation.
Lopez hinted that Norwegian may be in his client's sights after the incident.
"The judge correctly made a finding there was no aggravated felony and there is a self defense claim," Lopez said, according to People. "My client is a VIP guest and Norwegian had a duty to protect him and his family, but it didn't."
Norwegian said in a statement that the victim is 67 years old.
"We have zero-tolerance for violence of any kind on our ships and are committed to providing a safe cruising experience for all aboard," the statement said, according to People.
Florida Bar records show that Ortiz has been licensed to practice law in the Sunshine State since 2012 and is a partner with the Firm Law Group in Miami Lakes.
