Darien’s Scott Hapgood to testify in civil case related to death of hotel employee

Scott Hapgood is likely to speak up to tell his story if the lawsuit he filed against the Anguillan resort town where he was accused of killing a hotel worker goes to trial, his attorney told a reporter on Wednesday. California civil court judge.

“I expect Mr. Hapgood to testify,” said attorney Thomas Watson, representing Hapgood and his family in the lawsuit against Auberge Resorts. “He has repeatedly maintained that he is completely innocent of all allegations.”

The Anguillan manslaughter charge against Hapgood did not move forward even though a magistrate ruled there was enough evidence for the case to proceed, Watson told the County Civil Court judge Marin James Chou during a brief status conference on the lawsuit against Auberge, which is based in California.

“There have been no further updates and no documents have been made public,” Watson said.

Hapgood is charged by Anguilla authorities with manslaughter in the 2019 death of Kenny Mitchel, an employee of Malliouhana Resort owned by Auberge Resorts.

Anguilla Attorney General Dwight Horsford did not say how he intended to proceed following the decision of the investigating judge.

Hapgood is considered a fugitive from justice after failing to return to the Caribbean island for a court date in November 2019.

The federal wrongful death lawsuit filed against Hapgood by Mitchel’s estate is also temporarily blocked after a judge issued a stay last month, Watson said.

Even with the lack of documentation in the criminal case, Watson told Chou he wanted to move forward with depositions to schedule a trial for the end of the year.

But arranging a lawsuit is unlikely to be feasible soon, according to attorney Michael Cooper, who is representing Auberge in the lawsuit Hapgood has filed against the company. Witnesses in Anguilla may be reluctant to speak during a deposition if there continues to be a gag order in the criminal case, Cooper said.

“We’re having a lot of trouble getting documents like you know from the criminal process,” Cooper told Chou. “I don’t know how we’re going to set a trial date. I don’t think we will get them (the documents) by the end of this year.

But Watson said he wanted to take the Auberge case to court before the criminal proceedings take place in Anguilla.

However, Chou said he was reluctant to set a trial date. He explained that while the federal wrongful death lawsuit won’t affect the Inn’s complaint, the criminal lawsuit against Hapgood would have an impact.

Chou asked both parties to consider mediation and provide him with an update on the status of the depositions and the criminal case on June 8.

Hapgood and his family were vacationing on the Caribbean island in April 2019 when Mitchel showed up at their hotel room to fix a sink that hadn’t been reported brokenaccording to documents filed in the Auberge lawsuit.

After Hapgood allowed Mitchel into the room, the hotel employee allegedly pulled out a knife, demanded money, and then “physically assaulted” the Darien resident while his two young daughters were nearby, according to the trial.

Hapgood fought off the young man who was “biting, scratching and punching” during the attack, his lawyers said.

Hapgood was able to restrain Mitchel but the hotel employees who were summoned by his daughters He initially made no attempt to intervene and did not call the police or an ambulance until nearly 40 minutes had passed, the lawsuit said. Hotel security eventually took over to restrain Mitchel until police arrived, the lawsuit said.

Mitchel’s family claimed in their wrongful death lawsuit that Hapgood kept his arm around Mitchel’s neck, cutting off his airway for a long time, which caused his death. However, Hapgood’s lawsuit claims Mitchel’s cause of death was attributed to a cocaine overdose based on an Anguillan toxicology report.

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