ALBUQUERQUE, N.M. (KRQE) – Detectives say he is behind a brutal attack at an Albuquerque fast-food restaurant over the summer and on Tuesday, that suspect faced a judge for the first time.  Story continues below Don't Miss: New Mexico artists’ house named a National Historic Landmark News: Rio Communities Fire Department speaks about volunteer firefighter killed over the weekend Community: City asks for public input on new 2050 downtown redevelopment plan That assault was caught on camera in a video that police say shows the suspect Heath Miller repeatedly punching a man inside a fast-food restaurant lobby. Tuesday, prosecutors argued Miller should be held in jail through trial. "The defendant is accused of an extended brutal beating of somebody who is unconscious and the information that we have left lasting injury on that helpless victim," said John Kloss, Bernalillo County district attorney's office prosecutor.   "I do think Mr. Miller does pose a danger to the public at this time, and I do not think there are conditions this court can set to mitigate that danger," said Judge Jennifer Wernersbach, 2nd judicial district court.  Judge Wernersbach ordered Heath Miller to stay behind bars at the Metropolitan Detention Center for now.  Albuquerque police believe Miller attacked a man inside a fast-food restaurant at Central and Yale in early June. Video shows two men talking before the attacker hits the victim then repeatedly striking the victim on the ground. That victim is a man named Timothy Roberts who suffered severe injuries from the attack.  The judge noted in Tuesday's hearing that so far detectives still don't know or haven't said any reason behind the attack. APD says an anonymous tip helped identify Miller and detectives were eventually able to match his tattoos to similar tattoos on the suspect in the video.  KRQE News 13 spoke to an attorney representing the victim who says he was in the hospital for just under a month and has not fully recovered. "Since that point, Tim has suffered from a traumatic brain injury as a result of the attack. He's no longer able to live on his own and, in fact, has been living in a nursing home because he needs help simply to perform activities of daily living, frankly," Joshua Conaway, Robert's attorney.   "You know your dad, your loved one, the person that that you've looked up to isn't the same person anymore,” said Conaway on behalf of the family. The question left unanswered today, what caused the attack? "You know, right now, we don't know why Tim was attacked. There's no information that we've gotten as to why this occurred, why it was, frankly, so violent and why it continues for such a long time,” said Conaway. The victim’s family said following the attack Roberts flatlined while in the hospital. They also told prosecutors he is doing worse today than he was right after the attack. Conaway said the family is left with a mix of emotions. "Still concerned for Tim, concerned for how he's going to end up. Also, you know, maybe happy that the individual has now been arrested,” said Conaway. The defense tried to argue that Miller should be held on house arrest but the judge ordered him to remain in MDC. Miller is facing one count of aggravated battery.