LOUISVILLE, KY (WAVE) - A 43-year-old man who was winning his battle with cancer was severely beaten in May and remains hospitalized. Now, two months later, a juvenile has been arrested and another is expected to turn himself in. But doctors aren't sure if the victim will survive after having surgery on July 13.
Forty-three-year-old Carl Berry was diagnosed with non-Hodgkin lymphoma and was beating it.
He was still undergoing chemotherapy when he went to the Dollar General Store on Shepherdsville Road on May 14. That's where he encountered two youths who were apparently looking for a fight.
"You'll see this guy is already angry, got his fists in the air," said LMPD Det. Rodney Underwood as he reviewed surveillance video from the store. "He's already upset."
Underwood says the whole fight lasted about one minute, just out of view of the store's surveillance camera.
"The assault's over," said Underwood describing the video. "Everybody comes back and they all start piling in this car."
Underwood says Berry didn't know the teenagers, didn't provoke it, and he doesn't think drugs, alcohol, or gang activities were involved.
"It's basically a random act of violence," said Underwood. "There were some words exchanged and an assault took place."
After two months in the hospital, Andy's doctors say he's finally strong enough for surgery on his face.
"The damage to his face and to his bones and to his facial muscles had resulted in his eye actually receding into his skull," said Berry's attorney, Larry Wilder. "He had lost a substantial amount of eyesight because of that injury."
The Berry Family speaking, through their attorney, wants those responsible punished.
"When you have young people who are doing things that are as egregious as beating a man nearly to death in a parking lot in broad daylight in a commercial area of this community, then I don't think that it's appropriate for the law to make a distinction between adults and juveniles," said Wilder.
Police have arrested a 16-year-old male and charged him with assault. They are also looking for his 14-year-old brother in connection to the beating. If Berry dies, the two teenagers could face murder charges.