A local bar owner once featured on “Bar Rescue” and later convicted of assault with intent to commit sexual abuse disputed in court Thursday the amount of restitution he owed his victim.
Matthew Overmyer, 35, co-owner of the O Face Bar in Council Bluffs, sat in court clad in a yellow jumpsuit and handcuffs. Overmyer pleaded guilty in October and was sentenced to 90 days in the Pottawattamie County Jail which began Jan. 16.
Overmyer’s attorney, Michael Hooper, said his client was disputing the $9,640 his victim had claimed in restitution from him.
The woman said $9,000 of the money was estimated loss of wages after she quit her job at the O Face Bar after Overmyer sexually assaulted her on Feb. 2, 2016.
The remaining restitution was from her clothes which she claimed were never returned to her after she left them at Overmyer’s apartment — where she had been living at the time — plus clothing that was collected as evidence after the assault.
Hooper said the amount of damages held insufficient proof without any form of tax documents since the woman had been paid by the bar through cash, which she stated in her testimony.
“I believe (the damages) are excessive,” Hooper said.
Fourth District of Iowa Judge Greg Steensland called the restitution amount “speculative.”
“However, I do find that she was out of work,” Steensland said. “And the amount for her clothing is probably low.”
Steensland, who calculated how much wages the victim may have lost while being unemployed, ordered the restitution Overmyer must pay to be lowered to $4,640.
Overmyer’s bar was twice featured on Spike TV’s “Bar Rescue.” The exposure caused the Council Bluffs City Council to deny Overmyer’s bar its liquor license, a decision that was overturned on appeal to the state.
He will serve two years of probation following his sentence and will undergo a sex offender treatment program. A no-contact order with the victim has been issued for five years. Overmyer also will have to register as a sex offender.