Ashwani Nagpal, the owner of the upmarket Leela Lounge restaurant in New York, and Asheesh Mathur, his employee, were beaten up by drunken youth on Christmas eve, police said.
Nagpal was beaten for 25 minutes and was close to dead when the police arrived, activists and Nagpal's friends said.
"It was really shocking," said Madhu Goel, an attorney and a friend of Nagpal. "It is chilling to realise that members of the South Asian and the Greenwich Village community could suffer this sort of violent crime by patrons at their own establishment."
Leela Lounge is a popular India-inspired restaurant that has been operating in Greenwich Village for about a year.
The incident occurred during a party Nagpal was hosting at the restaurant. He shut down the bar at around 2:30 am but at 2:45 am, some of those at the party began arguing with Nagpal, demanding more liquor. Nagpal asked one member of the group, who damaged and vandalised the restaurant, to behave responsibly.
The enraged young man and his friends punched and kicked Nagpal repeatedly, all the while yelling racial epithets, Nagpal's friends said.
When Nagpal became unconscious, they picked up his body and slammed it against the stone bar while the bartender shouted at them to let him go.
Mathur, who tried to help Nagpal, was also attacked and suffered a fractured nose and jaw. Nagpal suffered injuries to the head.
The police arrested five young men who spent one night in jail before being released.
The Manhattan District Attorney's office told rediff.com that the five youth had been charged with assault in the second degree, gang assault in the second degree and criminal mischief in the third degree.
Anthony Diablasio and Peter Jadrosich are 23, while three others, David Falkensern, David Koch and Christian Cioce are only 20. Only those above 21 are permitted to drink.
The police report provided by the DA's office said that Falkensern also hit and broke a glass cabinet, sending wine bottles smashing to the floor.
The DA's office is yet to indict the five people involved, much to the anxiety of the South Asian community.
"The investigation is progressing and the next step will follow soon," said a spokesperson at the DA's office.
Meanwhile, Nagpal and Mathur have been released from hospital and are recovering.
The gang assault charge has a maximum penalty of 15 years. While conviction under a hate crime would not add to a longer sentence, it could influence the judge to opt for a stiffer punishment at sentencing, activists said. City Councilman John Liu's office is helping Nagpal with the case.
"The victims have been advised not to speak directly with media so as not to prejudice their case, which is currently under investigation by the Manhattan DA's Office," said John Choe, City Councilman John Liu's chief of staff.
The next hearing is to be held February 20. Friends have asked eyewitnesses of the attack to come forward and help the investigation.
They have also asked community members to contact or write to the DA and to be present at the Manhattan Criminal Court (100 Centre Street, Part F, 9:30 am) February 20, to bear silent witness.
Activists are encouraging community members to put pressure on the DA to deliver the strongest case possible against the five men.
