By Jen Heger - Radar Assistant Managing Editor
As previously reported, Garrison, 31, was arrested last weekend for getting into a confrontation with Mattingly in the lobby of her apartment complex in Beverly Hills. The actor is being held in jail as he isn't eligible for bail because he is still on parole for a vehicular manslaughter conviction in 2007, which was supposed to end this Saturday.
The altercation was caught on surveillance video -- Garrison maintains that he didn't hit Ashley and was only trying to get his cell phone back from her. However, the investigation took an ominous turn for the actor when an unidentified witness told cops they saw the entire incident and that Lane clearly hit Ashley.
"A witness has come forward who has told the Beverly Hills Police Department they saw the incident between Ashley and Lane. The witness can't be seen on the surveillance video. This is very damaging evidence against Lane because the D.A. had been inclined to not file charges against Garrison as you can't clearly see him hit Ashley on the video," a law enforcement source tells RadarOnline.com. "Lane told cops that he never hit Ashley and that he was simply trying to get his cell phone back that she was holding. The surveillance video has no sound and this witness would be a very compelling witness for the prosecution."
Garrison's life took a tragic turn in 2006 when the car he was driving struck a tree and killed one of his teenage passengers. The actor pleaded guilty to the vehicular manslaughter charge and was released from state prison in 2009 after serving 20 months of a 40 month sentence. In addition to jail time, Garrison agreed to a financial settlement with the victim's family.
"Deputy District Attorney Elizabeth Marks said Garrison allegedly struck Ashley Mattingly as the two were exiting an elevator in an apartment building in the 300 block of North Palm Drive on Saturday. When witnesses allegedly approached the pair, Garrison ran from the building," the Los Angeles District Attorney's Office said in a statement.
Ashley Mattingly's powerhouse attorney Robert Shapiro tells RadarOnline.com exclusively, "My client has been and will continue to cooperate with the Beverly Hills Police Department and the Los Angeles County District Attorney."
The actor will be arraigned on Friday at the Beverly Hills Superior Court and could face up to one year in jail if convicted. However, Garrison's parole violation could send him back to state prison.
Garrison's lawyer, Harland Braun had no comment.