Robert Lynn Cox was arrested by local police in San Joaquin County Tuesday for the death of 55-year-old Link Ellingson and being a fugitive of from justice since his death.
Witnesses say the father of two was acting in self-defense after Ellingson attacked Cox and those with him. Kelli Lane, who was part of Cox's dining party that evening, told local Fox affiliate KTXL that Ellingson approached their group and began issuing threats.
"He said, 'Hey girl friend, you want to 'F' with me?' And Rob was immediately like, 'Oh my gosh, no,' backed up, 'I have kids here,' said no. And the man said, 'Well I'm coming to 'F' with you.'"
That's when, according to reports, Ellingson began attacking those with Cox.
"He assaulted five of us multiple times before Rob could get his arms around him to push him back and, unfortunately, when he was pushing him back they tripped and fell."
The fall would prove fatal for Ellingson, knocking him into a coma until his death in December.
Police say Cox punched Ellingson and that he is lying about the fall to the concrete.
"There was no punch thrown," Cox's wife Julie claims. "I can understand where that was implied because his finger was broken, but from the get go we said that the police report is false and we need to get it fixed."
Cox is currently being held in San Joaquin County Jail until his extradition to Nevada, although he has posted bail. He has no prior criminal record.