Teacher Robert Scott is fighting for life in hospital and has racked up more than $US1 million in medical bills after suffering a fractured skull during an attack on a California residential street.
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The 26-year-old and former champion rower from the NSW mid-north coast town of Pacific Palms has been in a coma and on life support for almost two months.
He was a PE teacher at several Tamworth high schools before flying to Canada to work at the resort town of Banff.
"The doctors don't know if he will recover," Robert's father, Stephen, said. "He is lucky to be alive.
"They say he's young and could make some kind of a recovery and we're just staying positive and want our Rob back."
Robert was flown on a Lear jet air ambulance from California to Sydney last week, where he remains in a coma and on life support in Royal North Shore Hospital.
The flight added to the already extremely high medical bills he accumulated in intensive care at Fresno's Saint Agnes Medical Centre, despite having travel insurance.
But the insurance company might not pay the bills because he was drunk when he was hit.
He had a blood alcohol level of .24, but the Scotts deny alcohol played a role in the attack and are frustrated the man who attacked him has not been charged.
The attack happened at about 9pm on August 17 in Fresno, a city 320 kilometres north of Los Angeles.
Local Gilbert Romero was arrested nine days later, but was released without charge.
Robert was walking with friend Helena Sordal along a Fresno street with an 18-pack of beer.
What happened next is in dispute.
Ms Sordal said Robert spoke to a woman who was sitting with a young child in a car double parked on the wrong side of the road.
Romero then allegedly ran from a nearby house and shouted, "What are you doing to my girl?".
"Robert had his hands down, backing away and said, 'I don't want any trouble'," Robert's father, recalling how Sordal described the incident, said.
"But the guy hit him."
Romero, however, alleged Robert shouted an expletive at the woman and child and took a swing at Romero but missed. He said he punched Robert in self-defence.
Stephen Scott remained in California to ensure Fresno police and the District Attorney prosecuted his son's attacker.
The family has hired Fresno lawyer Benjamin Tryk, and has been supported by the Australian consulate in San Francisco.
"At the moment they haven't carried out a proper investigation," Stephen Scott said of the Fresno police.
Fresno Police Chief Jerry Dyer disputed allegations police had not given the case a high priority and said the investigation was continuing.
AAP