Waiter accused of attacking 2 customers at Lely Resort restaurant

A man faces battery charges after deputies say he attacked a pair of customers, punching one and body-slamming another, at the Lely Resort restaurant where he worked as a waiter in December.

According to the Collier County Sheriff’s Office, Kevin Marte, 40, was arrested after deputies went to Off the Rock Tavern at 7723 Collier Blvd. regarding a call about an aggravated battery on Dec. 10. The victims were eating dinner, and the suspect was their server. Both men had eaten there before and had encountered Marte.

After dinner, the victims asked for dessert, but Marte told them the kitchen was closed. The two men asked to speak to a manager, who granted permission for them to be served dessert. This angered Marte; in the surveillance video from Off the Rock, he can be seen throwing a tablet across the table at the victims, sending the items on the table in the direction of the victims and other patrons.

The younger victim stood up and threw a glass. Marte then punched the man in the face, knocking him to the ground and throwing his glasses off. The other victim, 67, stood up to help his friend, and Marte grabbed him from around the waist, lifting him off the ground before body-slamming him back down. The 67-year-old was unable to get back up after this.

Marte left the restaurant, and other staff members called 911. The man who was body-slammed was taken to the hospital. He sustained bruising to his left side, back, thigh and abdomen, and he could not walk without crutches or work for several days. The younger victim sustained a small scratch to his face, where his glasses were knocked off.

The owner of Off the Rock Tavern told WINK News off camera there is more to the story because Marte was one of his best employees.

The owner believes Marte will be exonerated because there are witnesses who saw everything transpire.

Marte was arrested the next day and taken to the Naples Jail Center. He faces charges of aggravated battery on a person 65 years of age or older and battery (touching or striking another against their will).