Prosecutors to move forward with murder charge in fatal Durham bar assault

Daniel Peter Mohar, 34, remains in the Durham County jail without bond after surrendering to police on Tuesday.

Family members said Teddy Tivnan, 49, died at Duke University Hospital on June 7.

Police say Mohar hit Tivnan, knocking him to the ground, where he hit his head on the pavement. When police arrived, they found Tivnan unconscious on a sidewalk.

Durham County Assistant District Attorney Danny Spiegel said during a brief court hearing Wednesday said that Tivnan was intoxicated and made a remark to Mohar's girlfriend, prompting the altercation.

Since 2006, at least seven assault charges, including assault on a female, assault by strangulation and assault inflicting serious bodily injury, have been dismissed in Durham and Orange counties, records show.

Mohar's only convictions include assault with a deadly weapon in 2011, trespass in 2013 and drunk and disorderly conduct in 2006, according to state Department of Public Safety records. All three were misdemeanor offenses, and he was placed on probation each time, records show.

"There were multiple individuals that called our office to express that Mr. Mohar has a history of assaultive conduct," Spiegel said, citing Mohar's criminal history and asking for $300,000 bond.

"It may not be first-degree murder later," Assistant District Attorney Michael Wallace added.

The Durham County District Attorney's Office had backtracked by Thursday and decided to stick with the murder case, according to Tivnan's family.

"From what we understand, from the story we’ve been told, the most severe murder charge is in order," Tivnan's sister, Mary Long, said after Wednesday's court hearing. "Mohar instigated the altercation. From what I understand, the only error Teddy made may have been a verbal one, and that the physical altercation was completely Mohar’s. He should be accountable for the altercation."

Long called a bond request for Mohar "disappointing."

"The information that’s been presented to the family has been minimal. We certainly would like to have the discussion of the events of the night," she said.

By Thursday, Mohar had consented to remain in jail without bond, Tivnan's family was told.

The family wants police to take another look at Mohar's past criminal history, Long said.

"It’s appalling, and some of the stories we’ve heard, you know, the consequences, it’s just appalling," she said.

One person who accused Mohar of a previous assault in downtown Durham told WRAL News on Tuesday about having to undergo two facial reconstructive surgeries. Charges were later dismissed in the case.

The Durham County District Attorney's Office has declined to comment on the dismissals, noting that those cases were handled under former DAs.