Felony Charge in Montauk Brawl

A brawl at the Montauk 7-Eleven early Sunday morning led to police issuing one appearance ticket at the scene and an arrest on felony and misdemeanor charges Wednesday morning. The felony charge, attempted assault, was brought against Fernando Mateo-Brito, 36, of Montauk. Police said he was seen on the store’s surveillance video picking up an object and swinging it at Rick A. McFarland. Mr. Mateo-Brito was also charged with misdemeanor menacing and criminal mischief.

Cynthia Darrell of the Legal Aid Society represented Mr. Mateo-Brito at his arraignment in East Hampton Town Justice Court yesterday. She argued that the alleged incident seemed “to be over-charged,” and said, “There is some suggestion that he was acting in self-defense.” Blythe C. Miller, the prosecuting attorney, saw things differently, asking that bail be set at $5,000.

East Hampton Town Justice Lisa R. Rana said the video provided good reason to grant the prosecution’s bail request, and she did so. She also said that Mr. Mateo-Brito had been in the Town of East Hampton for less than two years, and that as a foreign citizen he had slim ties to the area. If Mr. Mateo-Brito is not indicted by Monday afternoon, he would be released as required by law unless he already made bail.

The fight was a hot topic on social media, with a video of it briefly being posted on Facebook, then taken down.