Man testifies 2 bikers beat, kicked him in Bay City bar over supposed photo

BAY CITY, MI -- In a quiet courtroom, a prosecutor played video footage of a man being knocked from his bar stool and punched and stomped by two other men. According to witnesses, the beatdown was perpetrated by two bikers who were vexed over a photo the assaulted man had reportedly taken.

And to hear the victim tell it, he hadn't even taken a photo in the first place.

Such was the testimony during the March 6 preliminary examination of Eric J. Kerkau, 46, and Arthur R. Miller, 33, both charged with a 10-year felony count of assault with intent to cause great bodily harm.

Ashley Schwartz, the first witness called by Bay County Assistant Prosecutor Thomas, testified she had been bartending at the Whyte Goose Inn, 108 State St., the early morning of Dec. 27. About 1 a.m., an argument broke out between Scott M. Peterson, 49, and Kerkau and Miller regarding a photo Peterson had supposedly taken, Schwartz said.

"One gentlemen stood up, took his coat off, and tried to initiate a fight," Schwartz said, identifying this man as Miller. "I tried to stop it. The gentlemen that tried to initiate a fight tried to get Scott to come outside and fight him, but he would not go. The other gentleman (Kerkau) who was still in the bar ... took a few steps back and just sucker-punched (Peterson). It just proceeded from there."

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