A man already sentenced on criminal charges in a civil case, is now at the center of a wrongful death lawsuit, for landing a deadly punch on another man at a nightclub, as reported by the Redding Record Searchlight on December 28.
Redding resident L.C.S., 32, has been sentenced to three years in prison for an incident in which he killed another Redding man in 2009.
Allegedly, L.C.S. landed the fatal blow on A.M.'s face because A.M. had made the fatal mistake of talking to L.C.S.'s girlfriend and maybe asking for a dance.
A.M., 31, hit the ground and never recovered.
The wrongful death lawsuit, filed January 2011, is scheduled to begin in the Shasta County Superior Court in July 2012. The suit is filed by the family of A.M. on behalf of J.M. and J.H. - A.M.'s parents. The trial is expected to last approximately five to seven days. The settlement conference is scheduled for May 29.
Along with L.C.S., also named in the suit is the former owner of the now-closed up Club Ice, I.S.G.
The suit is classified in court as an unlimited filing, with specific damages to be expected to be over $25,000.
The law offices of Reiner, Simpson and Slaughter are representing A.M.'s family. The law firm of Nisson, Pincin and Hill are representing L.C.S. Electronic records show that I.S.G. has yet to obtain representation.
L.C.S. is currently held in Shasta County jail. On January 6 a ruling will be determined if he will be released - as his criminal conviction has been appealed.
A jury convicted L.C.S. in November of battery with great bodily injury.
A conviction of battery with great bodily injury is counted as a "strike" under California's three strikes law.
Prosecutors successfully argued that while at the former Clue Ice on Bechelli Lane L.C.S. approached A.M. from behind before hitting him full in the face. Allegedly, A.M. was in the act of either speaking to, or attempting to dance with, L.C.S.'s girlfriend.
The punch sent A.M. straight to the ground. He never regained consciousness and later died in Redding's Mercy Medical Center.
L.C.S. was charged with involuntary manslaughter. The jury deadlocked on convicting him for that felony, and, instead of retrying him, the Shasta County district attorney's office allowed a conviction of battery to go through.
The district attorney's office noted that both felony involuntary manslaughter and a charge of battery held the same number of years in a prison sentence.
Former Shasta County District Attorney, J.B., had declined to charge L.C.S. after A.M.'s death. J.B. contended that there was a lack of evidence to prove that L.C.S. was guilty - beyond a reasonable doubt. It was A.M.'s family that pushed for criminal charges against L.C.S., and, in doing so, successfully overthrew J.B. from his position.
Current Shasta County District Attorney S.C. filed the involuntary manslaughter charges against L.C.S.
Contact a personal injury lawyer to file a wrongful death lawsuit if you have suffered due to the death of a loved one. Whether or not the case also warranted criminal charges, monetary compensation is still due for your loss.