JONESBORO, Ga. -- The man accused of beating a woman at a Morrow Cracker Barrel restaurant was released from jail on bond Wednesday afternoon.

Tuesday, a judge set a $325,500 bond Tuesday afternoon for Troy Dale West.

West was indicted by a grand jury last month in connection with the Sept. 14 incident at the restaurant in Morrow.

West looked comfortable in the courtroom during his bond hearing on Tuesday. He rocked back and forth in his chair and smiled at his wife. Sharon West took the stand to persuade the judge to release her husband.

West was charged with felony aggravated assault, felony false imprisonment, and cruelty to children in the first degree, also a felony. The other charges are two counts of battery and two counts of disorderly conduct.

CBS Atlanta Reporter Tony McNary asked Tasha Hill's attorney, "Is Troy West a threat? Should he have been given bond?"

"Our position is that he [Troy West] is a threat and that he should not have been given a bond," said Hebert Adams Jr.

West has sat in the Clayton County Jail for almost a month. He is accused of beating, kicking and yelling racial slurs at Army Reservist Tasha Hill in front of her young daughter inside a Cracker Barrel Restaurant. West said Hill provoked the attack when she spat on him.

During the bond hearing, Clayton County District Attorney Tracy Graham Lawson told the judge, "What he (West) did to this woman (Hill), I don't care if she throws a whole bucket of spit on him. You don't get to beat a woman down, kick her like she's a dog in front of her child and call her all that stuff."

Lawson wanted West to sit in jail until his trial.

West's attorney Tony Axam told the judge, "If the case did not involve race, I would not be arguing this bond motion in front of you."

Axam said West is not a violent man or a flight risk.

"He happens to be a man who struck a woman and the woman happens to be black and he happens to be white, those are the facts," said Axam.

It is also a fact that West hired an African-American man (Axam) to defend his racially charged case.

"That doesn't change the facts! Regardless of his lawyer, the facts are the facts," said Hill's attorney.

Outside of jail, West will be wearing an ankle monitoring bracelet, he cannot contact the victim or witnesses, he must surrender his passport and he is banned from Clayton County unless it's to attend court.

Police said West viciously attacked Hill outside of the restaurant. Hill said West almost hit her daughter with the door.

"[I said] 'Excuse me sir watch out you almost hit my daughter in the face.' He just came lighting fast came back at me with, 'You need to watch your f--ng daughter,'" Hill said in an interview with CBS Atlanta last month.

Police and witnesses said that’s when West began to punch and kick Hill in front of her 7-year-old daughter.

"He continued to punch and kick on me and called me vulgar names, called me a racial slur and then curse words," Hill said.

Morrow Police Commander Jimmy Callaway said last month that the restaurant's surveillance video clearly shows West beating Hill in the restaurant's small entryway.

What remains at issue is the surveillance video which police said captured the alleged attack.

During a previous court hearing, it was revealed Cracker Barrel officials sent the videotape to the company headquarters in Lebanon, TN, where it was being secured.

The district attorney’s office has a copy of the tape, as does the Federal Bureau of Investigation.

Shortly after the incident, community activist Derrick Boazman called for a boycott of the Cracker Barrel where the incident occurred. He said local civil rights leaders want the company to produce the surveillance tape. Boazman threatened the possibility of a nationwide boycott of Cracker Barrel restaurants.