A city resident is voicing safety concerns after he broke a hip during what he alleges was an assault by a downtown business owner.

The entrepreneur, however, said the charge against him — assault causing bodily harm — will be thrown out because there isn't enough evidence.

Ken Baker, 52, recently had a hip replacement after an altercation March 14 at Hunter Street Tavern (formerly Hunter County Cuisine).

Baker said he went into the establishment, located between George and Aylmer streets, to collect money owed to a friend when the owner, Ryan Legault, became enraged and allegedly attacked him.

Baker's friend had already asked Legault for the cash, but was told to leave. To avoid further confrontation, Baker explained, the friend was willing to forego the cash.

But Baker didn't think that was right. So, he went into the restaurant and asked Legault for the money.

"I believe I was polite," Baker said.

Baker said Legault told it was none of his business and he had three seconds to leave the building.

"I was stunned," said Baker.

Baker claims that Legault came out from behind the bar, grabbed him by the jacket, spun him around and kneed him in his right hip, causing him to fall. "When I hit the ground, I knew my hip was broken," he said.

He said he told Legault he was hurt, but the business owner ignored him. Instead, he told police, Legault put him in a choke hold, dragged him across the restaurant and threw him through the front doorway on to the sidewalk, Baker said. "He shut off my air. I couldn't breathe and I couldn't get up," he said.

Two patrons were dining at a table and there was also someone at the bar, but no one jumped in, he said.

A woman came to Baker's aid and called 911.

An ambulance took Baker to the hospital, where X-rays revealed his hip was broken.

He had surgery the next day and is now doing physio therapy.

Baker works several jobs, including construction and maintenance work for friends who own businesses downtown.

He's applied for unemployment insurance, but said it'll be tough to make ends meet.

"It's going to be a little tight this month," he said. "I don't make a lot of money."

Ten days after the encounter, Legault was arrested and charged with assault causing bodily harm.

The accused told The Examiner there hasn't really been a thorough investigation and no witness statements were taken.

"I am very confident that once the Crown has all of the evidence and witness statements, that the charges will be withdrawn," Legault told The Examiner.

A police press release issued Monday provided information on the incident, but the restaurant's name wasn't mentioned.

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Baker said he came forward to tell his story, so others are aware of what he says happened. He also hopes the patrons in the restaurant March 14 will come forward to give a statement to police.

Legault, 42, was released from custody and will appear in court April 17.