The controversial case of a man arrested outside an Eastern Carolina Waffle House has been continued for the second time.

Anthony Wall will not appear Thursday in a Kenansville courtroom after Warsaw police say he got into an argument with restaurant employees and one of their officers arrested him outside.

Officer Frank Moss arrested Wall on May 5th. A video of the arrest shows Moss putting his hand on Wall's throat and putting him on the ground. That video quickly circulated on social media with many people calling it use of excessive force.

Wall, according to his attorneys, had complained to staff at the Waffle House after he and his sister sat down at an empty table that had not been cleared. The two came to the restaurant after Wall had accompanied his younger sister to her high school prom.

The attorneys say employees spoke to the two "in a derogatory manner, using homophobic slurs directed at Wall, and eventually summoning the police."

The State Bureau of Investigation launched an investigation whether the level of force by Officer Moss used was appropriate. That investigation was turned over to the district attorney late Tuesday afternoon.

District Attorney Ernie Lee says because he is still reviewing that lengthy report, Wall's court date on misdemeanor disorderly conduct and resisting a public officer charges will be moved to October 11th.

Wall's original court date was delayed because the SBI had not completed their investigation into the case.

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The investigation into whether an Eastern Carolina police officer used excessive force outside a Waffle House is now in the hands of the district attorney.

Warsaw police officer Frank Moss arrested Anthony Wall on May 5th outside the restaurant after he got into an argument with employees. A video of the arrest shows Moss putting his hand on Wall's throat and putting him on the ground. That video quickly circulated on social media with many people calling it use of excessive force.

Wall, according to his attorneys, had complained to staff at the Waffle House after he and his sister sat down at an empty table that had not been cleared. The two came to the restaurant after Wall had accompanied his younger sister to her high school prom.

The attorneys say employees spoke to the two "in a derogatory manner, using homophobic slurs directed at Wall, and eventually summoning the police."

The State Bureau of Investigation launched an investigation whether the level of force by Officer Moss used was appropriate.

District Attorney Ernie Lee told WITN that he was given a copy of that completed investigation just before 5:00 p.m. today.

The 22-year-old Wall is scheduled to appear Thursday on charges of misdemeanor disorderly conduct and resisting a public officer.

The district attorney says he is just beginning to review the SBI report and will determine tomorrow whether the Sampson County man's case will happen on Thursday.

After the video surfaced, multiple groups asked for the police officer, who was placed on administrative leave, to be fired as well as a boycott of Waffle House.

Lee says the report is lengthy and "will make and announce any decisions after thoroughly reviewing the evidence and consulting with the SBI."

DISTRICT ATTORNEY STATEMENT

The District Attorney's office received and downloaded the North Carolina State Bureau of Investigation (SBI) report from the SBI computer portal today, August 14, 2018, at 4:11 p.m.

The SBI report was printed and provided to me at 4:50 p.m. today, August 14, 2018. The report is substantial in length.

The report, videos and any other evidence provided by the SBI will be reviewed by Assistant District Attorney Arneatha Gillis and me.

I was in contact with the SBI at 5:27 p.m. today and the SBI has in its possession numerous videos that will be provided to this office as well.

I do not have those videos at this time but anticipate those very soon.

This office will make and announce any decisions after thoroughly reviewing the evidence and consulting with the SBI.