ERIE - A judge is deciding Monday afternoon, whether or not there is enough evidence to send the 2 Erie men charged with brutally beating another man inside of a downtown McDonald's, to trial.
59-year-old Albert Gilmore and his nephew, 35-year old Cedric Lofton could face 4 charges, including: aggravated assault, simple assault, conspiracy to commit aggravated assault, and conspiracy to commit simple assault.
Gilmore and Lofton admitted it is them in the surveillance video, kicking and punching a third man, on the ground.
The 49-year old victim was hospitalized with serious injuries.
He testified in court this morning and he could not identify his attackers, even though they were in the courtroom.
The victim also admitted he had been drinking gin, the day of the attack.