Judge: Leesburg dentist who struck another doctor on golf course acted in self-defense

Posted by author February 22, 2025 Golf

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Frank Stanfield
| For the Daily Commercial

TAVARES — A Leesburg dentist accused of striking another doctor with a club in a golf course scuffle was acting in self-defense, a judge has ruled.

Circuit Judge Heidi Davis’ order following a recent two-day hearing gives Eddie Orobitg immunity from criminal prosecution. She also ruled that the testimony of psychiatrist Dr. Joseph Sivak and his wife was “not credible.”

The Stand Your Ground motion was filed by Orobitg’s attorney, Michael Stack.

The dispute, which made headlines, began when 52-year-old Orobitg was playing golf with his son Trevor at the Harbor Hills Country Club near Lady Lake.

Orobitg said he saw a man and woman wearing athletic clothing and carrying a water bottle walking across the fairway without golf clubs. He said he shouted for them to move out of the way, according to court documents.

The couple got onto the golf cart path and headed for the road, so Orobitg thought they were leaving. Instead, Sivak began walking up the incline to the 11^th hole tee box, with his wife following, grabbing his shirt and pleading with him to stop.

Orobitg said Sivak uttered an obscenity and shoved him, causing him to stumble. He said he got in Sivak’s face, and Sivak shouted that Orobitg hit him with a golf club. Orobitg said he was holding the club because he was preparing to play golf, and when Sivak accused him of hitting him with the club he dropped it.

“Defendant further testified that at this point he called the alleged victim an expletive-psycho and spit in his face,” the judge wrote in her order.

Sivak threw a water bottle at Orobitg, striking his glasses, Orobitg said. He said he then threw a punch.

Orobitg said both men lost their balance and tumbled down an incline, causing Sivak to hit his face against the concrete cart path. Orobitg said Sivak grabbed a club off the back of his golf cart. Sivak fell. Orobitg said he put his foot on Sivak’s torso “for leverage and ripped the club out of his hands.”

He said Sivak got up and began throwing golf balls at him and his son.

Sivak said he did not recall throwing golf balls.

“He hit me with a golf club, and I swung back,” Sivak told sheriff’s deputies.

“Dr. Sivak testified about his injuries which included a split open ear lobe, three fractures in the face, multiple lacerations on the face and knees, nerve damage, nerve and tooth pain, five fractured ribs, concussion and traumatic brain injury,” the judge wrote.

“In fact, Dr. Sivak testified he had to have the treating physician at the hospital feel his ribs to identify the fractures….” He said the broken bones didn’t show up in X-rays.

“… both Dr. and Mrs. Sivaks’ credibility are lacking,” the judge stated. “Dr. Sivak’s testimony that he is not confrontational is diminished by Mrs. Sivak’s own words to law enforcement after Dr. Sivak was transported to the hospital; that he doesn’t take kindly to harassment, that he was angry and became angrier throughout the incident.

“These statements are reinforced by Dr. Sivak’s verbal confrontation in the hospital with a roommate, and this court’s own observation of Dr. Sivak’s behavior in the gallery during the hearing,” the judge wrote. “These statements also reinforce defendant’s credibility. Because his credibility is diminished and there are no corroborating medical records or testimony about medical treatment, this court does not find Dr. Sivak’s testimony regarding the nature and extent of his injuries to be credible.”

Orobitg’s credibility was also bolstered by a witness who lived nearby, the judge said.

The Stand Your Ground law states that a person being attacked does not have a duty to retreat “as long as he is not engaged in a criminal activity and is in a place where he … has a right to be,” the judge noted.

Orobitg testified that Sivak kept attacking him.

“The court finds that a reasonable and prudent person playing golf with their child, being confronted and shoved by an angry man would likely use more force than a spit,” the judge ruled.

Sivak also filed a civil suit. The Stand Your Ground law pertains to civil suits, too.

Sivak’s attorneys did not respond to an offer to comment.

“We are deeply grateful to Judge Davis for her wisdom and fairness in conducting this hearing according to the rule of law,” Orobitg told the Daily Commercial. “We appreciate the great care she took in reviewing all the evidence — watching every police video, listening to the testimonies, and considering the account of the impartial third-party witness.

“She deliberated thoughtfully, recognized the serious nature of the false allegations against me, and ultimately, she searched for and found the truth: I acted in self-defense to protect myself and my son, Trevor, and I was innocent.

“From the moment the police arrived and separated us for questioning at the scene, through nearly two long years of investigation, depositions, and finally in the courtroom, Trevor and I told the truth, and because of that truth, our statements remained consistent every time we recited the story. We asked the police to check for any camera footage in the area and to speak with anyone who might have witnessed the event because we knew it would confirm our account.

“Facts don’t change. Dr. Sivak was trespassing, angry, and initiated the attack, even as his wife tried unsuccessfully to hold him back.”

Orobitg described himself as a veteran Navy officer. “Just as I served to protect my country, I will always do what is necessary to protect my family.”

He added: “I don’t think anyone can possibly understand the gravity of the situation and the torment caused to me and my family by the many false accusations. We are thankful to God for helping us cope with the situation, strengthening our bond with our family and with Him, and giving us the patience to endure this process that led to justice.”