UPDATE: Slain LI Man's Family Disappointed That 'Violent Criminal' Out On Bond: Attorney

RIVERSIDE, NY — The family of a Long Island man who died after a beating outside a bar expressed disappointment Thursday after his accused attacker reportedly remained free on bond following an upgraded charge of manslaughter.

The family called him a violent and dangerous person, through their attorney.

Suffolk prosecutors say David Cruz, of Medford, punched Jake Scott outside of Tailgater's in Holbrook on Aug. 21 at about 3 a.m., and Scott was taken with serious injuries to Stony Brook University Hospital.

Cruz surrendered on Aug. 24 and was charged with felony assault with intent to cause physical injury, prosecutors said.

Scott, 32, died of his injuries on Sept. 1.

Cruz's arrest charges were upgraded to include a first-degree manslaughter charge that carries a maximum sentence of 25 years in prison. Prosecutors asked that Cruz be held on $1 million cash/$3 million bond or $10 million dollars partially-secured bond, but Judge John Collins ordered Cruz continue his supervised release.

News 12 reported that Collins apologized to Scott's family, saying that he could not change the recommended bail because of changes to New York law, the outlet reported.

Cruz, who must now wear a GPS ankle monitor and be home every night by 5 p.m., is set to appear in court again on Oct. 18, according to the outlet.

"Obviously, we are all disappointed that this violent and dangerous individual is out," said Scott family attorney, Jon Bell of Syosset, in a statement to Patch following the unveiling of the upgraded charge. "We do appreciate the work of the [District Attorney's] office in elevating the charge."

Bell said," it should be known that Jake was a gentle soul and is sorely missed by his family and friends."

"Nothing will ever bring Jake back," he said. "We will continue to cooperate with the DA's office, and we pray that this violent criminal is brought to justice."

Bell said he plans a civil action, but for the "appropriate time."

He thanked the media for its interest in the case and asked that the Scott family "be left alone to continue to grieve."

District Attorney Ray Tierney's office said that Cruz, who was working as a bouncer, went outside of Tailgater's and got into a verbal fight with Scott and it is alleged that he repeatedly tried to draw him away, out of the view of the bar’s own surveillance camera.

After failing to lure Scott out of the camera’s view, Cruz allegedly walked to his vehicle in the parking lot, removed something from his pocket, removed his hat, placed both items into his car, and returned to the front of the bar, Tierney's office said.

Once there, Cruz dragged a chair over to the bar surveillance camera, stood on it, removed his shirt, and covered the camera with it — all actions that were caught on video, according to Tierney's office.

"Apparently unaware that a security camera was filming from a nearby business, Cruz, who stands 6 feet 5 inches in height and weighs 270 pounds, is seen in video footage allegedly covering the bar camera and immediately beginning a brutal assault on Scott," Tierney's office said. "Cruz allegedly delivered the first punch to Scott while the victim was starting to get up from his seat after he saw the defendant come at him."

Scott fell onto the cement sidewalk from the first punch's blow and remained there as Cruz allegedly got on top of him and "delivered more punches" to his head, Tierney's office said.

As Scott lay motionless and unconscious on the ground, Cruz grabbed Scott's shirt and pulled him up with it yelling at him to get up," Tierney's office said, adding that when Scott didn’t respond, [Cruz] dropped him back to the ground and delivered a final blow to the victim’s head before fleeing the scene."

Scott was taken by Holbrook Ambulance to Stony Brook Hospital where he was placed in a medically-induced coma, and doctors determined he suffered from a brain bleed, a complete skull fracture, and a traumatic brain injury, according to Tierney's office.

Scott was in the hospital for 11 days before he died as a result of his injuries, Tierney's office said.

“After covering a surveillance camera in a failed attempt to hide his intended crime, [Cruz] allegedly beat a vulnerable victim so severely that he died,” Tierney said. “This cowardly and despicable act will be prosecuted to the fullest extent of the law and we will seek a measure of justice for the victim’s family and loved ones.”

Cruz's case, which was initially handled by 5th Squad detectives, was transferred to the police department’s homicide squad after Scott's death, according to Suffolk police.

Police did not initially send out a news release after Scott's beating, as is often done in other cases.

The department did not respond to an inquiry as to why the public information bureau did not publicize Scott's beating or Cruz's arrest.

On a GoFundMe page that has raised about $26, 40o so far, Bell explained how Scott spent "days in the hospital fighting for his life."

"Due to the ongoing investigation by the Suffolk County [District Attorney's] office, we can not go into further detail at this time," Bell continued, adding, "However, all the funds will go to Jake's mother, Deborah Scott, to assist her with unforeseen expenses relating to Jake's funeral as well as staying home from work to properly mourn the loss of her son."

Bell told News 12 said Scott's brain was swollen and doctors had to cut out pieces of his skull, the outlet reported.

“We spoke with witnesses and apparently Cruz has been violent with customers in that bar in the past,” he told the outlet. “On top of that, we ran his rap sheet. He has a never-ending rap sheet with violent charges. He should have never worked as a bouncer in a bar.”

A spokesman for the Suffolk County Sheriff's office said Cruz previously served several years in a prison upstate.

Patch has reached out to Cruz's attorney Glenn Obedin of Central Islip.

GoFundMe is a Patch promotional partner.

This story will be updated. Check back later.