Frederic Sterry Smith, 62, of St. Augustine was charged with simple battery Saturday after an incident at Milagro On 12 Latin Kitchen in downtown St. Augustine.

A St. Augustine man was arrested Saturday after leaving an anti-gay message on his check about a server's sexual orientation at Milagro On 12 Latin Kitchen, according to a St. Augustine police report. When a manager approached him about the note, Frederic Sterry Smith, 62, ripped the check in half, ripped the manager's shirt open and put the receipt in her shirt, the report states.

Smith was charged with battery and was released from the St. Johns County jail on a $500 bond. An officer arrived at the restaurant and found the manager who he said looked to be like she had been crying. She said the server showed her a note that said "if he wasn't gay" along with a "zero dollar" tip, the report states.

The manager told police she approached Smith asking him if he really wrote that on the check, to which he replied "yes," ripped the check, grabbed the manager by the collar, ripped her shirt open, and stuffed the check down her top, the report states.

Smith then got into his car and drove off. Police were called and they began looking for the vehicle.

An officer located Smith's vehicle. He had a female passenger in the car.

"As soon as I introduced myself and the reason I was talking to him, he became verbally abusive and angry," the officer wrote in the report. Smith told the officer, "I can say whatever I want, to whoever I want!" the report states.

The officer told Smith, "for the most part, that's true, however, you're not allowed to put your hands on anyone."