The events that led to the 2013 assault unfolded as Langenegger, Joshua Foo and Jacob Gellinger ate at Pepperjax Grill in the Old Market after they spent the evening at a drag show. Foo and Gellinger are both gay and Gellinger was dressed in drag that night.

Duncan and two friends followed Langenegger’s group after they left the restaurant. Outside, one of Duncan’s friends used the word “faggot” and another hurled the term “queer,” according to the Supreme Court’s description of the key court testimony.

Langenegger said he didn’t verbally challenge or touch any of the men before he was sucker-punched by Duncan.

Duncan maintained that he did not know the two men Langenegger was with were gay and that he reacted only after Langenegger physically pushed one of his friends.

Duncan, now 37, was sentenced last June to a term of 12 to 18 months in prison for the felony assault. He was released in January after having served about seven months.