A Travis County grand jury Monday declined to indict an employee of the downtown district bar Kung Fu Saloon on an aggravated assault charge after a clash that critically injured a customer.

Prosecutors will dismiss the case against Robert Giovanni Camillone related to an incident that resulted in an undisclosed civil settlement between Kung Fu and Joey O’Hare, who was visiting the downtown club from San Antonio.

The November 2014 incident also resulted in Kung Fu being ordered by the Texas Alcoholic Beverage Commission to pay a $15,000 fine after the state said the club violated regulations that included selling alcohol to an intoxicated person and not reporting the incident.

"It’s been a long wait, and the grand jury heard the evidence and reviewed the video and information provided by the district attorney’s office and made their decision," said Camillone’s attorney, Sandra Ritz.

Under the law, she said, prosecutors would have been forced to prove that Camillone intended to injure O’Hare as he was removing him from the club.

Police said at the time that O’Hare, 23, was closing his tab around 9 p.m. on Nov. 16, 2014, when Camillone, 24, wrapped his arm around O’Hare’s neck, restricting air flow, leaned the man back and took him out of the bar, according to an arrest affidavit.

Video footage from the bar shows O’Hare going limp and Camillone dropping him on his face outside, the affidavit says.

O’Hare, who appeared to be unconscious, didn’t brace for the fall and suffered a fractured bones in his face and a broken nose, the affidavit says.

"The injuries to his brain were so severe that in order to reduce swelling he is cut from right ear to left on the top of his head opening up his skull," according to the document.

O’Hare has since recovered after an extensive hospital stay.