DALLAS (CBSDFW.COM) - The victim of a Deep Ellum assault now faces a charge of felony criminal mischief in connection to the case.
The charge stems from damage, police said L'Daijohnique Lee, 24, made on her attacker -- Austin Shuffield's -- truck. He told police after the altercation, Lee broke out his back windshield with a jump box.
"She admitted to committing that offense that night," said Deputy Chief Thomas Castro.
The Dallas County Criminal District Attorney's Office said they found out late Tuesday afternoon, from media inquiries, that the Dallas Police Department issued a warrant for Lee's arrest. "The District Attorney had no prior knowledge that an arrest warrant was issued. When and if charges reach the District Attorney's Office, we will take appropriate action," their statement read.
Lee's attorney, Lee Merritt told CBS 11 News, "She's very angry that despite the context of her being the victim in a viscous assault, the Dallas police department are pursuing a charge against her anyway."
In Texas, criminal mischief is a state jail felony if the damage costs more than $1,500 to $30,000.
Witnesses watched in horror as Shuffield attacked Lee last month.
Lee told police it all started after she pulled into a parking lot near Elm and Crowdus Streets and blocked Shuffield in as he was trying to leave.
That's when Shuffield, 30, got out of his truck to ask her to move out of his way because she was blocking the parking lot exit.
When he approached, a dispute followed, which witnesses saw and recorded.
The video shows Shuffield and Lee in the heated argument. At one point, Shuffield pulls out what appears to be a gun and holds it behind his back. After more words are exchanged, he smacks Lee's cell phone out of her hand as she was dialing 911. She reacts by punching him.
Shuffield responds by reaching back, taking a boxer's stance and punching Lee squarely in the jaw. The video shows Shuffield then hitting her violently four more times in the face and head.
Lee was crouched over, cradling her head as Shuffield beat her. Shuffield then kicks her cell phone violently on the ground.
Police were called an arrested Shuffield for aggravated assault causing injury, interference with an emergency call and public intoxication.
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