Bouncer David Cruz may be convicted of lesser charge than manslaughter in death of bar patron Jake Scott, judge says 

The jury in the trial of bouncer David Cruz may consider a lesser charge if it does not convict him of manslaughter, the presiding judge ruled Friday as both sides rested their cases.

Suffolk Supreme Court Justice John Collins said the jury, which is scheduled to hear closing arguments in the trial Monday, could instead consider convicting Cruz of third-degree assault, a misdemeanor with a maximum punishment of up to a year in prison. If convicted of first-degree manslaughter in the death of bar patron Jake Scott, Cruz is facing up to 25 years in prison.

“If [the jury determines] that the defendant is guilty of manslaughter in the first degree, they do not go forward to consider assault,” Collins told the attorneys following the fourth and final day of testimony in the trial.

Cruz, 32, of Medford, was indicted following the death of Scott, 32, of Centereach, 10 days after the two were involved in a scuffle outside Tailgaters Sports Bar in Holbrook in the early morning hours of Aug. 21. 

“I bet he’ll never talk [expletive] again,” Cruz could be heard saying on a surveillance camera as he walked past Scott’s motionless body following their altercation. “I bet he’ll never run his mouth again.”

On Friday, Collins granted Assistant Suffolk County District Attorney Elizabeth Creighton’s motion to read to the jury the expanded charge on intent, which states, in part, that intent does not require premeditation and the jury may consider what a person did or said at the time of prohibited conduct.

Cruz, who was working for a contracted security company hired by the bar, struck a seated Scott four times with his fist and several more times with an open hand before shoving him to the ground shortly before 3 a.m., video evidence showed at trial. Scott’s head slammed on the concrete sidewalk leading to a traumatic brain injury that ultimately caused his death, witnesses testified at trial.

The two first crossed paths earlier that evening when Cruz broke up a fight Scott had with two other patrons, according to surveillance footage and witness testimony. Creighton said it "didn't sit well with Cruz" when Scott called him a "weirdo" for touching him while he stopped the altercation.

The physical altercation with Cruz occurred after Scott returned to the bar at 2 a.m. and later stepped outside for a cigarette, video evidence showed.

Cruz first attempted to entice Scott to step away from the security camera outside the bar, with the patron instead telling the bouncer to come to him. Cruz then took off his shirt and covered the camera with it, video evidence showed.

The violent conclusion of the altercation was instead recorded by a camera outside a neighboring smoke shop, Suffolk police investigators testified.

Scott could be heard groaning in pain following the beating.

The jury on Friday also heard from a Stony Brook University Hospital doctor who testified that the trauma to Scott’s head was the only injury she observed on his body that could have contributed to his death. He ultimately suffered a heart attack after he began to have trouble getting oxygen, even on a ventilator, and his blood pressure spiked, said general surgeon and critical care Dr. Isadora Botwinick.

Suffolk County Deputy Chief Medical Examiner Dr. Amy Rapkiewicz said Scott's brain showed signs of hemorrhaging, bruising and swelling during her autopsy. Rapkiewicz determined sequelae of blunt force injuries to be Scott's cause of death.

Defense attorney Glenn Obedin, of Central Islip, rested his defense without calling a witness to testify. Obedin declined to comment until after he makes his closing argument Monday.

By Grant Parpan

grant.parpan@newsday.com@GrantParpan

Grant Parpan covers Suffolk County courts and federal courts for Newsday. A Long Island native, he joined Newsday in 2022.