Published on
Viewer discretion is advised. The following story includes the release of graphic surveillance footage showing a violent assault inside a Melbourne restaurant on May 6, 2024. The video is being published because of ongoing public questions surrounding the investigation and subsequent decision not to file any charges related to the injuries and ultimate death of well-known and respected 63 year old Mark Senti.
Senti, a Space Coast technologist and longtime Brevard County resident, was captured on video, along with several other patrons and staff, attempting to intervene in a fight inside Ichabod’s Dockside Bar and Grill. The footage shows Senti approaching a group involved in an extremely violent physical altercation. Both men and women were being struck with closed fists during the mele. As several others are trying to get the Smith’s to stop and leave the establishment, Senti lightly touches the arm of Warrick Smith, who turns and strikes Senti in the face. Moments later, Gavin Smith punches Senti on the left side of the head. Senti collapses and remains on the floor unconscious and not moving until officers arrive. Several individuals came to his aid.
Senti developed significant medical complications including a brain bleed and died eight months after the assault. Although charges were filed for other victims from that night, no charges were filed related to the battery of Senti. The Melbourne Police Department closed the case on September 8, 2025 with a finding of no probable cause. The decision has generated sustained concern from family members, witnesses, and community observers.
Events of May 6, 2024
According to police reports and video evidence, a disturbance began between Gavin and Warrick Smith and several patrons. Employees attempted to separate the involved parties. Surveillance footage shows Senti and several other bystanders moving toward the exit area where the conflict had shifted.
The video shows Senti approach Warrick Smith who first pushes Senti with his forearm and second later pushes Senti again with his hand to Senti’s chest. Senti then places a hand on his arm and gesturing towards the door where Gavin Smith was located now after striking several patrons and women. Warrick strikes him across the face. Within seconds, Gavin Smith comes after him and delivers a punch that causes Senti to fall backwards to the hardwood floor. The footage then shows Gavin step on Senti’s unconscious body several times as he continue to attack others around him.
At the scene, Senti initially declined to pursue charges. Body worn camera footage recorded him stating he had approached to break up the disturbance. Below is the video from the incident. Approximately 10 minutes of video has been cut from this video that shows the Smith brothers sitting at the bar having conversation and laughing with the couple next to them just before the incident.
Medical Findings and Decline
On May 7, 2024, Senti was transported as a trauma alert to Holmes Regional Medical Center. Medical records subpoenaed during the investigation show that he suffered a seizure in the ambulance and that imaging revealed a brain bleed. His jaw was also injured and required wiring through an intermaxillary fixation procedure.
In October 2024, records from Knight Neurology reflect continued treatment with anti seizure medication related to the injuries. Follow up dental and surgical records document ongoing jaw pain and swelling.
From his hospital bed on May 7, Senti signed an affidavit requesting prosecution of the individuals involved in striking him. Officer Worniak forwarded this request to the investigating officers. On May 13, 2024, Officer Hamilton completed a capias request recommending a battery charge against Warrick Smith based on the injury to Senti. The State Attorney’s Office did not file the charge.
Death Investigation
On January 11, 2025, Senti was found deceased floating in the water beside his boat at the Melbourne Harbor Marina. The Brevard County Medical Examiner determined the cause of death to be drowning and the manner undetermined. The report noted that a traumatic seizure disorder could not be ruled out as a contributing factor. Detectives investigating the death documented Senti’s prior assault and medical complications in their follow up work.
Charges Filed for Other Victims
Although no charges were filed related to Senti, several charges were filed for other victims from the May 6 disturbance.
| Victim | Assailant | Charges Filed | Details |
| Thora Snow (Employee) | Gavin Smith | Battery, F.S. 784.03(1)(a)(1) | Snow reported that Gavin struck her while she attempted to escort him from the bar. A sworn statement was provided. Gavin was arrested that night and held with no bond due to a felony probation violation. |
| Nicholas George (Patron) | Gavin Smith | Battery, F.S. 784.03(1)(a)(1) | George provided a sworn audio statement reporting that Gavin struck and kicked him during the disturbance. Additional charges were submitted to the jail. |
| Ronald and Kathleen Pollard | Gavin and Warrick Smith | Documented in reports | Officers documented the initial altercation between the Pollards and the Smith brothers. |
| Mark Senti | Gavin and Warrick Smith | None | Surveillance footage shows both brothers striking Senti. He signed an affidavit requesting prosecution. No charges were filed. |
Warrick Smith was not arrested and received only a trespass warning from the restaurant.
Gavin was convicted of his Battery charge against Nicholas George and sentenced to serve 280 days in the Brevard County Jail. The arrest affidavit reads that Nicholas said he was battered by Gavin Smith “while trying to break up the fight.” This is import wording that indicates Nicholas inserted himself into the situation voluntarily by trying to break up the fight. Read this part of the arrest report below.
Gavin was also arrested and charged with Battery on Thora Snow by the Melbourne Police Department. The State Attorney’s Office subsequently issued a capias that Gavin “did unlawfully commit battery upon THORA SNOW, by actually and intentionally
touching or striking said person against said person’s will, or by intentionally causing bodily harm to said person…” The charge was eventually not prosecuted as the result of a plea agreement.
Reasons Cited for Closing the Case
Detective Alexis Harrison’s September 8, 2025 summary explains why MPD concluded there was no probable cause. The report states that the second altercation began only after Senti placed his hand on Warrick’s arm. It notes that Senti approached along with several other individuals, that he initially declined prosecution, and that he had a history of anti-seizure medication. The report also states that detectives were unable to locate some potential witnesses. Harrison’s explanation of what the video shows is not consistent with the actual sequence of events. She states that “Senti approached Warrick from the backside and placed his right hand on Warrick’s left arm. What she leaves out from her report and what is clearly seen is that Warrick pushes Senti first with his forearm, and then pushes Senti in the chest with his open hand. At that time Senti places his hand of Warrick’s left arm, the same arm that just pushed him in the chest. It appears as if Senti is signaling to Warrick to keep that hand off of him and attempting to prevent him from doing it again. At that time is when Warrick strikes Senti in the face. Then immediately after that strike, Gavin makes his way from the door, around Warrick and then strikes Senti in the face with a closed fist punch, rendering him unconscious. At not time does the video or report show Senti striking, hitting, kicking or punching either of the brothers. The only contact Senti makes with them is immediately after Warrick pushed Senti in the chest as stated above. The video below starts exactly where this sequence events begins.
Harrison concluded that in light of these factors and the totality of the circumstances, there was insufficient evidence to support a battery charge against either brother for the injury to Senti.
Disparity in Battery Charges
The decision not to file battery charges in connection with the injuries to Mark Senti stands in glaring contrast to the charges that were filed for other victims present. Police records, arrest affidavits, and investigative supplements show a clear pattern. Gavin and Warrick Smith were charged or documented in connection with physical contact involving other individuals that night, yet no charges were forwarded for the strikes that caused Senti to collapse and later suffer extremely serious medical complications.
According to Detective Harrison’s September 8, 2025 investigative supplement, the case involving Senti was closed with a finding of no probable cause under Florida Statute 784.03. Harrison cited three primary considerations. First, she wrote that the second altercation began only after Senti placed his hand on Warrick Smith’s arm and that Senti approached with several other individuals. This appeared to frame the interaction as one in which investigators believed the possibility of a mutual or escalating confrontation could not be ruled out.
Second, Harrison noted that Senti initially declined to pursue charges at the scene. Although Senti later reversed this position and signed a prosecution affidavit from his hospital bed on May 7, 2024 after being diagnosed with a seizure and a brain bleed, the report acknowledged but did not rely on that change in position. Florida law does not require a victim to “press charges” or cooperate for the state to file and pursue battery charges. Battery is a public criminal offense under Florida Statute § 784.03 (misdemeanor battery) or § 784.041 (felony battery), meaning the state through law enforcement and the prosecutor’s office controls the decision to arrest, charge, and prosecute. The victim’s wishes can influence the process but are not a legal prerequisite. This holds true even if the victim initially declines to cooperate, recants, or refuses to testify later.
Battery is a criminal offense defined in Florida Statute § 784.03. It is generally charged as a first-degree misdemeanor but can escalate to a felony under certain circumstances (e.g., if the offender has a prior battery conviction or commits it during a riot). The statute outlines two primary ways battery can occur, focusing on intentional, non-consensual physical contact or harm. Prosecutors must prove these elements beyond a reasonable doubt for a conviction.
To establish battery, the state must show all of the following general elements, adapted to one of the two specific forms:
General Elements (Applicable to Both Forms)
Specific Forms of Battery (§ 784.03(1)(a))
Battery is committed if either of these occurs:
Penalties
Third, Harrison reviewed Senti’s medical history and questioned the connection between the May 2024 assault and Senti’s death on January 11, 2025. The Medical Examiner’s report stated that traumatic seizure disorder could not be ruled out as a contributing factor to the drowning, yet Harrison referenced prior seizure medication and concluded that the progression of Senti’s injuries was unclear. However, it should be noted again that the charge of battery does not require the death of the victim.
Officer Kyle Hamilton, who responded to the original incident, had drafted a capias request on May 13, 2024 recommending a battery charge against Warrick Smith for the strike on Senti. That request was not filed with the State Attorney’s Office.
The contrast with charges related to other victims is evident in the affidavits filed between May 6 and May 13, 2024. In the case of employee Thora Snow, investigators documented that Gavin Smith struck her while she attempted to escort him out of the restaurant. Snow provided a sworn statement, and video from inside the bar was submitted as evidence. Gavin was arrested on scene and held with no bond due to a separate probation violation.
In the case of patron Nicholas George, investigators documented that Gavin struck and kicked him during an attempt to intervene in the disturbance. George provided a sworn audio statement, and officers delivered additional charges to the jail shortly thereafter.
No similar prosecution occurred for Senti, despite video that shows both Warrick and Gavin striking him and despite a signed request from Senti the following day asking that charges be pursued. The absence of charges is particularly difficult to reconcile in the case of Gavin Smith, who approached from a distance and was not being touched by Senti when he delivered the punch that caused Senti to collapse. The investigative reports do not offer any specific explanation for why this strike, which is clearly documented on video, did not result in a battery charge.
The following table summarizes the charging decisions:
| Victim | Assailant | Key Evidence | Outcome |
| Thora Snow | Gavin Smith | Sworn statement that Gavin struck her. Video submitted. Multiple officers on scene. | Battery charge filed. Gavin held without bond. |
| Nicholas George | Gavin Smith | Sworn audio statement. Identified Gavin. Video evidence. | Battery charge filed. Additional counts delivered to the jail. |
| Ronald and Kathleen Pollard | Gavin and Warrick Smith | Video and officer documentation of initial altercation. | Incidents documented. No charges filed. |
| Mark Senti | Gavin and Warrick Smith | Surveillance video shows being pushed twice, an open hand strike by Warrick and punch by Gavin. Senti collapsed. Signed affidavit requesting prosecution. Brain bleed and seizure documented. Ultimately died. | No charges filed against anyone. Case closed with a finding of no probable cause. |
These differences have been raised in multiple communications to the State Attorney’s Office. In an October 21, 2025 letter, Senti family attorney Alexa Moia stated that the rationale used to close the case was inconsistent with the evidence. The investigative findings acknowledged the sequence of events on video while still concluding that no probable cause existed. The family echoed these concerns in a citizen complaint submitted on October 28, 2025, which requested internal review of the handling of the case.
At the time of publication, neither the Melbourne Police Department nor the State Attorney’s Office has issued additional explanation for the differing charging decisions.
State Attorney’s Office Response
On December 4, 2025, the State Attorney’s Office for the Eighteenth Judicial Circuit provided a written statement in response to questions regarding the handling of the investigation and the decision not to file charges related to the injuries and later death of Mark Senti. According to the statement, senior prosecutors conducted a multi-month review of evidence after the family requested a second evaluation of the case. The full text of their statement is included below.
State Attorney’s Office Statement:
“Mr. Senti’s survivors asked the State Attorney’s Office to take a second look at this case following his death, and we did so. Over several months, our senior trial lawyer for Brevard County examined all evidence, communicated with the Medical Examiner and Melbourne Police investigators, researched options available under Florida Statutes, and kept Mr. Senti’s survivors and their attorney informed of our progress.
Based on that good-faith investigation, the State Attorney’s Office found insufficient evidence to prove a homicide charge to a jury beyond a reasonable doubt, which is the standard for filing criminal charges. The Medical Examiner’s Office determined that Mr. Senti’s cause of death was drowning. It found no conclusive evidence that a seizure caused him to fall from a marina dock and drown, seven months after he was injured.
Our review also found that a lesser charge such as battery would be difficult to prove beyond a reasonable doubt. In his statement to police, Mr. Senti incorrectly identified the man who injured him and, unfortunately, he is not alive today to give a different statement. He also inserted himself into the altercation at the bar, giving potential defendants a plausible claim of self-defense.
We sympathize with the Senti family’s loss and understand their frustration with our decision. But any assertion that the State Attorney’s Office failed to act responsibly in this case is untrue.”
It is important to note that every other victim for whom a battery charge was filed against Gavin Smith had also voluntarily entered the altercation and did so in a far more physical manner than Mark Senti, yet no charges were filed in Senti’s case.
Background on Mark Senti
Senti was known for his contributions to local technology and manufacturing. His early career included engineering roles at Cray Research, where he received national recognition for innovation. After relocating to Brevard County in 1992, he co-founded GSMA Systems and later led development at Advanced Magnet Lab in Melbourne. His work in permanent magnet and superconducting technologies earned multiple awards, including Congressional recognition in 2015.
He was also a father of four and a grandfather of one. Friends and family described him as a calm person who frequently offered help in tense situations.
Concerns Raised by Family and Counsel
Senti’s family has questioned the reasoning in the closure decision. In an October 21, 2025 letter to State Attorney William Scheiner, family attorney Alexa Moia wrote that the evidence in the case warranted prosecution. The letter cites the video footage, medical findings, sworn statements, and Senti’s affidavit, and asserts that the decision not to prosecute undermines confidence in the criminal justice process.
Family members have also submitted a citizen complaint requesting that the case be reevaluated.
Public Release of the Video
The family has authorized release of the surveillance footage so the community may view the events that investigators reviewed. They state that their goal is transparency and renewed examination of the case and how it’s been handled. Simply put, they want justice for Mark Senti.
Attached below are the documents referenced in this article.
Gavin-Smith-Arrest-Affidavit-Nicholas-George Gavin-Smith-Arrest-Affidavit-Thora-Snow 9.15.25-Melbourne-Police-Department-Field-Case-Report-9.8.25-for-Detective-Harrison-5.20.25-followup-Investigation-2024-00104366-2 10.21.25-Letter-to-State-Attorneys-Office-Complaint-regarding-handling-of-Mark-Senti-Case 10.28.25-Copy-of-Citizens-Complaint-filed-with-Officer-Apel-Badge-1598-Melbourne-Police-Dept-Senti- Senti-Case-Statement
