Charge dismissed against dentist in 2023 golf course altercation, “Stand Your Ground” motion granted
TAVARES, Fla.—An aggravated battery charge a Leesburg dentist was facing has been dismissed after a Lake County Circuit judge granted a motion, based on Florida’s “Stand Your Ground” law filed by his defense attorney last year.
Dr. Eddie Orobitg was arrested following an altercation on the Harbor Hills golf course in unincorporated Leesburg in April 2023, accused of beating another man with a golf club. The altercation began when Orobitg yelled at Dr. Joseph Sivak and his wife as they walked on the 11th fairway, approximately 60 yards away from where Orobitg was golfing with his minor son, according to the motion filed by Orobitg’s attorney, Nicholas Stack of Hatfield & Stack in Tavares.
Sivak, a psychiatrist, “immediately” turned around and began waving his arms and yelling unintelligibly. He stepped to Orobitg on the 11th tee box, shoved him and said, “(expletive) you!” according to the motion. Orobitg regained his balance and Sivak yelled, “You just hit me with a golf club!” to which Orobitg replied, “You’re a (expletive) psycho!” and spat on Sivak. Sivak then swung a 36-ounce water bottle at Orobitg, knocked his prescription sunglasses from his face and hit him in the forehead. Orobitg then punched Sivak in the face, and Sivak fell to the ground followed by Orobitg, and the pair tussled on the ground, the motion states.
Orobitg disengaged Sivak and Sivak got up and charged him multiple times and then the men kicked each other. Orobitg used his foot to keep Sivak down and could be heard telling him to stay down in a 911 call. Sivak regained his footing, attempted to grab a golf club from Orobitg’s bag and Orobitg pushed him to the ground and used his foot to leverage the golf club from Sivak’s hand. Sivak then armed himself with golf balls from Orobitg’s golf cart and threw the balls at Orobitg’s son before finally walking away, according to the motion. Lake County Sheriff’s Office deputies responded to the scene and Orobitg was arrested for aggravated battery and transported to the Lake County Jail. He retained Stack as counsel approximately two weeks after his arrest.
In the motion filed in August 2024, Stack stated the charge should be dismissed based on “Florida’s Stand Your Ground” law. The law states, in part, “A person is justified is using or threatening to use deadly force if he or she reasonably believes that using force or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony.”
Lake Circuit Judge Heidi Davis agreed and granted the motion to dismiss, following a hearing late last month. She stated in her ruling, “The Court finds that a reasonable and prudent person playing golf with their child, being confronted and shoved by an angry man would likely use more force than a spit. That is not to say the Court finds this action appropriate. To the contrary, two grown men of their statuses as doctors, should not behave in such a manner. The Court also finds that a reasonable and prudent person being hit in the head with a water bottle (retaliation for being spit upon) would have protected himself and his child with his hands and feet while the assailant continues to approach them in an aggressive manner while attempting to get the assailant to cease efforts to prolong the altercation. The Court also finds that a reasonable and prudent person would use his hands and feet to wrench a golf club out of an assailant’s hands to prevent that golf club being used upon them. Accordingly, the Court finds that the State has failed to overcome Defendant’s self-defense claim with clear and convincing evidence.”
Stack told Inside Lake Friday, he is pleased with outcome, “This has been a very long, emotional and trying time for Dr. Orobitg and his family. He and his business have received extremely negative treatment as a result of the arrest and coverage; his integrity was questioned. I am very happy that the facts of the case have finally come to light, and the truth has been revealed. We are very fortunate to have had a Judge brave enough to follow the letter of the law.”
