August 11, 2022

Probe upholds manslaughter demand in Darien’s Scott Hapgood situation, lawyer claims

An attorney for Darien investment decision banker Scott Hapgood mentioned a preliminary inquiry has concluded there is plenty of proof to go on prosecuting his shopper on a manslaughter charge in the 2019 demise of a Caribbean lodge employee.

“Unfortunately, Mr. Hapgood is requested to stand demo on a manslaughter charge,” legal professional Thomas Watson told Hearst Connecticut Media this 7 days.

Watson is symbolizing the Hapgood spouse and children in a lawsuit submitted in opposition to Auberge Resorts, the mother or father business of the Anguilla lodge wherever staff Kenny Mitchel was found unconscious by authorities immediately after a scuffle with Scott Hapgood. Mitchel was afterwards pronounced dead at an Anguillan clinic.

The Hapgoods contend in the lawsuit filed towards Auberge Resorts that the family was on vacation in April 2019 when Scott Hapgood wound up preventing for his life in his hotel area when he was attacked by Mitchel.

Two of the Hapgood young children ended up in the resort place when the incident unfolded, in accordance to court docket files.

Immediately after getting produced on bond, Hapgood refused to return to the island in November 2019 for a scheduled courtroom overall look simply because he stated he feared his existence was in risk. Considering the fact that skipping the courtroom listening to, Hapgood has been regarded as a fugitive from justice by authorities in Anguilla.

Even so, no energy appears to have been manufactured to extradite him back again to the island. It remains unclear regardless of whether that will modify now that the inquiry into the charge has been concluded.

Dependent on the results in the inquiry, the Anguillan Attorney Standard Dwight Horsford might seek an indictment and extradition, according to a assertion his place of work unveiled past May.

“The Crown stays decided to development this circumstance,” Horsford claimed in the assertion. “It will do so — as it has because proceedings started — objectively, relatively and steadfastly with whole regard for the rule of law and the principles of normal justice, together with the presumption of innocence.”

Horsford did not return requests for comment this 7 days.

Past May well, Hapgood lost his attractiveness of the choice to keep on the inquiry. The inquiry was resumed immediately after the British Privy Council purchased the probe to proceed.

Watson and a Hapgood spouse and children spokesperson declined to remark this 7 days on what the upcoming action could be for the legal circumstance.

Watson appeared Monday all through a virtual hearing in Marin County Superior Courtroom in California the place the lawsuit against Auberge Resorts was submitted to tell Judge James Chou that files associated to the legal inquiry had been predicted to before long be launched.

It is unclear how numerous of the documents will be publicly introduced and Chou discussed placing a protecting get on the proof to protect against public disclosure if certain paperwork wanted to keep on being sealed.

The Auberge Resorts lawsuit is scheduled to be again on the court docket March 23.

Mitchel’s household has filed a wrongful demise lawsuit in federal courtroom against Hapgood. A federal choose has asked attorneys symbolizing Hapgood and Mitchel’s loved ones to file files by Jan. 31, indicating regardless of whether the criminal situation is transferring ahead. That lawsuit will likely also move ahead now that the prison inquiry is comprehensive.

The two pending lawsuits have been stalled because of to the COVID pandemic and the inquiry, which was carried out by an Anguillan justice of the peace.

Hapgood and his relatives had been on holiday vacation on the Caribbean island when Mitchel confirmed up at their resort space to resolve a sink that experienced not been reported damaged, in accordance to the lawsuits.

After allowing for Mitchel within the home, Hapgood promises in the lawsuits that the resort worker pulled out a knife, demanded cash and then “physically attacked” him in from of his two youthful children.

Hapgood fought the more youthful male who was “biting, clawing and hitting” through the attack, his lawyers explained.

Hapgood was capable to restrain Mitchel, but resort personnel, who have been summoned by his daughters, initially didn’t phone police or an ambulance for virtually 40 minutes, the Darien man’s lawsuit stated. A hotel stability guard at some point took about restraining Mitchel right until police arrived, the lawsuit reported.

Attorney Steven Seligman, representing Mitchel’s estate, claimed in their lawsuit that Hapgood stored his arm on the lodge worker’s neck, reducing off his airway for an extended interval of time, which he statements prompted the younger man’s demise.

The lawsuit filed by Hapgood mentioned Mitchel’s trigger of death was attributed to a cocaine overdose dependent on an Anguillan toxicology report.

“Despite the toxicology outcomes demonstrating that an overdose prompted Mitchel’s dying, Anguilla has continued to prosecute Scott, and he has incurred significant charges in defending the prosecution,” Hapgood’s lawyers claimed.