An attack in Brooklyn is being investigated as a hate crime, but the victim says he's not gay.
David Jimenez, 40, was on South Third Street and Bedford Avenue walking his dogs last Wednesday night.
He says he ignored a group of people screaming gay slurs at him, but he says the group attacked him anyway.
He suffered a broken nose and a fractured eye socket.
Police caught one suspect and charge him with assault and possession of a controlled substance, but the Brooklyn District Attorney's office says the defendant wasn't charged because of discrepancies regarding his identity.
"My head, it cannot comprehend how this is the case, where you literally catch someone with blood in their hands, because when he was taken in, his fist was full of blood, and he's out here walking while I'm in here locked in my house because I'm afraid of going outside," Jimenez said.
Jimenez is now resting at home.
He's expected to undergo surgery on Wednesday.