A Galveston County man alleges he was the victim of an aggravated assault at a local establishment last year and has pursued legal action, according to Galveston County District Court records.

William Ray Wimmer filed a $5 million lawsuit against Mark Anthony Martino on Nov. 16 in the Galveston County 405th District Court, accusing the defendant of shooting at him about five times at Tiki Bar and Grille on Aug. 11, 2014.

The suit shows that Wimmer walked into the business in question and noticed Martino “to be intoxicated” sitting at the oval bar. The plaintiff reportedly keep his distance away from the respondent.

“After a short time, they got into an argument and a fight ensued,” the original petition says.

It further adds the bar’s cook broke up the fight, and Martino was ordered to leave. Wimmer, in turn, was told to wait at the bar until time was given for the defendant to exit the premises.

Martino purportedly returned with a firearm, which caused the plaintiff to run out of the back porch door.

The suit states a bullet hit Wimmer “in his back, on his right side, (and) above his belt line as he was fleeing.”

Galveston police charged Martino with aggravated assault with a deadly weapon.

Attorney Michael A. Moriarty of Houston is representing Wimmer.

Galveston County 405th District Court Case No. 15-CV-1223

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