KIRKWOOD, Calif. – A 60-year-old man is asking questions after the Alpine County District Attorney’s Office found insufficient evidence to support his battery allegations against a Kirkwood employee concerning an incident that occurred in December.

Anthony Baker was visiting Kirkwood Ski Resort on Dec. 14 when he reports he was tired and took a nap on a couch in the Kirkwood Lodge lobby.

“My leg was outstretched and resting on the heel in a vulnerable position when [the employee] kicked my foot forcefully and caused immediate pain in my knee,” Baker says, noting he still has complications from the kick.

About 45 minutes later, a second incident involved the two verbally interacting with each other in the lobby. During this exchange, Baker claims the employee tried to strike and grab him.

According to the Alpine County Sheriff’s Office, upon receiving the notification of the alleged battery, their office conducted a thorough investigation. This included reviewing security footage of the incident. The office collected evidence and forwarded it to the Alpine County District Attorney’s Office for further review.

The district attorney’s office says after a comprehensive evaluation of the evidence, there was insufficient evidence to support filing charges related to the allegation. As a result, the matter is now considered closed.

This has left Baker with questions about the evidence the county used in its conclusion. “A very relevant question for them,” he says, “would be how was a report made with many statements about me on the sofa where I can’t be seen?” He says there is a blind spot in the security camera, limiting the view of lower extremities during the alleged kick.

The security footage also jumps 24 seconds during the second exchange and Baker believes this is evidence the footage was tampered with.

The Tribune reached out to Alpine County regarding the jump in the video and the blind spot. The county stated that the sheriff’s office and the district attorney look at the totality of the evidence before making a determination.

“They stand by the determination based on the evidence,” a county spokesperson said.