Robert, 26, who grew up in Pacific Palms was visiting a friend in Fresno, north of Los Angeles in August when he was allegedly punched in the face by Gilbert Romero. 

Romero was arrested for felony battery but the Fresno District Attorney’s office decided not to file the charges. Romero was released from custody. 

Robert’s family have hired Fresno lawyer Benjamin Tryk who has interviewed more witnesses including medical staff who spoke to Robert soon after the attack and before he fell into a coma. 

Detectives of the Fresno Police Department have re-submitted the case to the District Attorney’s (DA) Office who will decide if there is enough evidence to charge Romero. 

Stephen Scott said the family are confident that justice will soon prevail.

“There was enough evidence to start with and enough evidence now,” Mr Scott said. 

“I’m very hopeful that it will proceed with him (Romero) being charged.  

“I imagine the DA will make some sort of decision in the next ten days.” 

Robert was walking along a residential street with a friend, Norwegian tourist Helena Sordal when the confrontation with Romero occurred. 

Ms Sordal said Robert had spoken with a woman who was sitting with a young child in a car double-parked on the wrong side of the road. 

She said Romero then ran from a nearby house and shouted “What are you doing to my girl”? before punching Robert to the ground. 

However, Romero has alleged that Robert took a swing at him first but missed and shouted an expletive at the woman. He said he punched Robert in self defence.

Movement in arms but still in 'deeply unconscious state'

Robert suffered a fractured skull as a result of the attack when his head hit the asphalt.

He is still in a coma but is now breathing unassisted after having an operation last Tuesday to have a shunt installed in his brain to ease the pressure.

Stephen Scott said Robert is opening his eyes every so often and has had some movement in his arms but is still in a deeply unconscious state

“Over the next week or so they will do some tests to see how the build up of fluid is going and how he responds. It’s a day by day sort of thing. He’s ‘awake’ in the sense that he’s opening his eyes now and again but there’s no recognition. The brain is functioning but it needs to rebuild.” 

Hundreds attend Rally for Robbo

There has been strong support for Robert since the attack with a ‘Rally for Robbo’ fundraiser held at the Dee Why Surf Life Saving Club in Sydney on October 24. 

Family friend Denise Booth said more than 200 people attended the club in honour of the Scott family including several current and former locals from Pacific Palms and Forster.  

“It was such a humbling night,” she said. 

“There was so much love and support for the family. There was a woman and her son who had read about Robert’s situation in a newspaper and attended the night.

“Her son is in his mid 20s and is now nine months the other side of where Rob is. They came especially to meet Steve. It was very touching.” 

Several businesses throughout the Great Lakes donated their services to be auctioned off at the fundraiser.   

Mrs Booth said an account had been set up for Robert and more than $40,000 and counting has been raised from the rally. 

She said it was hoped that the final amount would reach $50,000. 

The money will be used to assist Robert with his medical costs. 

Members of the Pacific Palms Surf Life Saving Club are still in the process of organising a fundraiser locally.