Lawyers for Marcel Barthel, the man known as Ludwig Kaiser and El Grande Americano, have filed a motion to get the battery case against their client dismissed on the basis of Florida’s Stand Your Ground law.

Kaiser was involved in an altercation with an individual named Richard Reap on April 23 in Orlando, Florida, at an apartment building both live in.

In the police report filed against Kaiser, Reap says that he was beaten up repeatedly by the WWE Superstar after he told Kaiser and his girlfriend to stop hugging on kissing in an elevator they were all sharing.

In the motion, Kaiser says that Reap allegedly told the couple to have some respect or else he would call ICE “on that bitch.” Kaiser’s girlfriend is AAA broadcaster Andrea Bazarte who is from Mexico.

Kaiser adds in the motion that he did not touch Reap until he aggressively raised his hands and got within touching distance and that’s when Kaiser pushed him away. Reap allegedly came back at Kaiser and even threw a soft drink bottle at him.

Lawyers for Kaiser say that he was justified in using non-deadly force to protect himself and his girlfriend and is asking for the battery charge to be dropped and be granted immunity from the case.

The motion, explaining Kaiser’s version, states:

“The elevator stopped at the 12th floor where Mr. Reap exited, and as he exited Mr. Reap made loud comments to Mr. Barthel and his girlfriend to the effect of, ‘Have some f***ing respect.’ Apparently, Mr. Reap was offended by Mr. Barthel and his girlfriend hugging while in the elevator. Mr. Barthel leaned out of the elevator to ask Mr. Reap what he said as he was confused by the statement. Mr. Reap then made a statement to the effect of, ‘Have some respect before I call ICE on that bitch’ Mr. Barthel’s girlfriend is of Mexican descent.
Mr. Barthel exited the elevator and confronted Mr. Reap verbally telling him his statements were offensive and inappropriate. Mr. Barthel did not threaten or touch Mr. Reap at that point. Mr. Reap then came toward Mr. Barthel aggressively raising his hands and getting very close to him. Mr. Barthel, in fear that Mr. Reap was going to batter him, pushed Mr. Reap away.

Mr. Barthel walked back into the elevator, where his girlfriend was standing. Mr. Reap then approached the elevator in a threatening manner. Mr. Barthel stepped out of the elevator and told Mr. Reap to leave them alone. Mr. Reap walked away briefly and came back toward the elevator again in a threatening manner. Mr. Barthel was concerned that Mr. Reap would physically attack him or his girlfriend, so he pushed him away, and returned to the elevator.

Mr. Reap then threw a soft drink bottle at Mr. Barthel. Mr. Barthel did not retaliate. Rather, he remained in the elevator, pushed the button for his floor and left the area.

In this altercation, Mr. Barthel pushed Mr. Reap only after Mr. Reap had approached Mr. Barthel aggressively and threatened him. Mr. Barthel pushed Mr. Reap to stop his continuing approach and attack. Mr. Barthel then entered the elevator where his girlfriend remained and left the area.”

A pre-trial conference is supposed to take place sometime today.