Hapgood lawsuit: Daughters ran for help
DARIEN — As Scott Hapgood was attacked with a knife and bitten by an Anguillan resort employee, his two daughters tried to pull the man off him before running for help, according to a lawsuit filed by the Darien family.
The girls — ages 11 and 13 — then ran to the front desk, “screaming and crying and asking for help,” but the hotel staff’s response was slow and a call to police was delayed as Hapgood endured a “violent and prolonged” attack that left Kenny Mitchel dead, according to the 25-page lawsuit obtained by Hearst Connecticut Media.
Hapgood, 45, of Darien, is considered a “fugitive” by Anguillan authorities after refusing to return to the Caribbean island in November to address the manslaughter charge lodged against him in the 27-yearold’s death.
In the lawsuit filed this week in Marin County in California, where Auberge Resorts is based, Hapgood’s attorney claims the hotel chain was was negligent in the hiring and supervision of Mitchel at the Malliouhana Resort.
The lawsuit also blames the hotel for allowing Mitchel to continue working after he was charged weeks before the incident with sexually assaulting his daughter’s mother, who recanted her story after his death.
"Auberge Resorts failed to ensure the safety and protection of its hotel guests, the Hapgood family," attorney Juliya Arbisman said. "As a result, Auberge Resorts should be held responsible for the harm that the Hapgood family has suffered."
The lawsuit contends Hapgood and his family has “endured” a series of financial, emotional and physical hardships as a result of the April 13 incident.
“It’s been a nightmare,” said family friend Jamie Diaferia, who has served as their spokesman.
Hapgood, his wife Kallie, and their three children have struggled as the criminal charge is pending.
“It’s very difficult for them to think about anything else,” Diaferia said.
Hapgood, who is also being sued by Mitchel’s estate, has undergone testing for HIV after being bitten during the incident and has been placed on indefinite leave from his job at UBS, the lawsuit said.
Hapgood’s wife and three children have been traumatized by the incident and are seeking counseling, his attorneys said. The family has also received death threats and feels their safety is at risk, the lawsuit said.
The incident has sparked international interest with President Donald Trump and Connecticut Sen. Richard Blumenthal, offering their support to the family. An aide for Blumenthal said Tuesday the senator has not received an update on Hapgood’s case since a press conference was held in Darien in November.
The hotel incident has been the focal point of speculation about what led to the deadly encounter.
On the day of the incident, the lawsuit claims Mitchel was two hours late for work and disappeared for a period of time during his shift.
The Hapgood family went to the beach that day before returning to the hotel. While Kallie Hapgood and her son returned snorkeling gear, Scott Hapgood and his two daughters went to the hotel room where Mitchel showed up unannounced to fix a sink in their room that wasn’t broken, the lawsuit said.
Mitchel was high on cocaine and marijuana and drunk when he arrived, Hapgood’s attorneys alleged in the lawsuit.
Hapgood allowed Mitchel into the room because he was wearing a hotel uniform, the lawsuit said. Mitchel then pulled a knife, demanded money and “physically attacked” Hapgood as his two young daughters were nearby, the lawsuit contends.
Hapgood fought the younger man who was “biting, clawing and hitting” during the attack, the attorneys said.
Hapgood eventually restrained Mitchel, but the lawsuit said hotel employees who were summoned by his daughters initially did not do anything to intervene and did not call for police or an ambulance until nearly 40 minutes elapsed. A hotel security guard eventually took over restraining Mitchel until police arrived, the lawsuit said.
Attorney Steven Seligman, representing Mitchel’s estate, claimed in their lawsuit that Hapgood kept his arm on the younger man’s neck, cutting off his airway for an extended period of time that resulted in his death. Seligman did not respond Tuesday to a request for comment about Hapgood’s lawsuit.
Mitchel died shortly after being taken to the hospital, the lawsuit said. The lawsuit also mentions a revised autopsy report that cited the cause of death was a cocaine overdose based on an Anguillan toxicology report.
“Despite the toxicology results showing that an overdose caused Mitchel’s death, Anguilla has continued to prosecute Scott, and he has incurred substantial costs in defending the prosecution,” according to the lawsuit, which is seeking unspecified damages.
Hapgood was charged with manslaughter a few days after the incident. An angry mob accusing him of murder gathered outside the jail where he was being held, the lawsuit contends. He was later released on bond and allowed to return to Connecticut.
Citing concerns for his safety and for the fairness of the judicial system on the Caribbean island, which is a territory of the United Kingdom, Hapgood's attorneys advised him not to appear in an Anguillan court in November. He is now considered a fugitive from justice.