Lawrence police Tuesday said there was no evidence that a gay man beaten Dec. 6 outside the Replay Lounge, was the victim of a hate crime.

“There is no indication that the individual’s sexual orientation had anything to do with what happened,” Police spokesman Sgt. Mike Pattrick said.

Pattrick said interviews with nearly 20 people, many of them eyewitnesses, revealed Jeffrey Medis, 28, was standing outside the Replay, 946 Mass., when a friend, Thomas Simmons, 30, “got into a verbal argument” with a small group of passers-by.

During the argument, a member of the group punched Medis, who collapsed, striking his head on the sidewalk.

“The interviews indicate Mr. Medis was struck one time and one time only, and that the additional damages he suffered were caused by the fall,” Pattrick said.

According to those interviewed, Medis did nothing to provoke his attacker, Pattrick said.

Medis, who told police he couldn’t remember being hit or the events leading up to the altercation, suffered a broken nose, broken upper and lower jaws, a fractured eye socket, a concussion and a gash on his chin that took six stitches to close. He also lost two teeth.

When police arrived, Simmons was arrested for striking one of the passengers in a nearby SUV-type vehicle. The passenger was later identified in police reports as Ryan McAtee, 21.

Pattrick on Tuesday declined to say which of the passengers was suspected of hitting Medis.

“All I can say is that he’s 22 years old, and he lives in Lawrence,” Pattrick said.

He said detectives, their investigation complete, would forward the findings to Douglas County Dist. Atty. Christine Kenney, who will decide whether the suspect should be arrested and charged.

¢ Dozens at vigil decry beating (12-14-02)¢ Police seek clues in beating (12-09-02)

The suspect is not considered a “flight risk,” Pattrick said. “If he was, a custodial arrest would have been made.”

It’s not yet known when the detective’s report will reach Kenney.

Attempts to reach Kenney, Simmons and McAtee for comment Tuesday were unsuccessful. Medis did not return calls.

“My brother is pretty emotional right now. I doubt he wants to talk to anyone,” said Lisa Hunt, Medis’ sister.

Hunt, who lives in Oklahoma City, said her family “certainly expects” the suspect to be charged with aggravated battery, a felony.

“We expect that w hoever did this to be arrested and held accountable,” Hunt said. “The fact that it may or may not be a hate crime doesn’t make the injuries any less serious.”

She praised police’s handling of the investigation.

“We’re satisfied,” she said. “We appreciate everything they’ve done and the way they treated my family.”