One of three people implicated in a 2014 gay-bashing incident in Philadelphia is claiming self-defense.
In an Oct. 4 filing, Phillip Williams said any injuries or damages suffered by Andrew Haught and Zachary Hesse were “sustained while [Williams] was in the process of defending himself from the real and perceived threat of bodily injury arising from the action of plaintiffs and their friends.”
Haught and Hesse were walking by themselves Sept. 11, 2014, near 16th and Chancellor streets when they encountered Williams, Kevin Harrigan, Kathryn Knott and a group of their friends.
According to prosecutors, Harrigan made a derogatory comment about Haught and Hesse being a couple and then shoved Hesse, prompting Hesse to shove Harrigan back, who they say then punched Hesse multiple times. Prosecutors say Williams “bum rushed” Haught after someone in the group exclaimed that Haught hit one of the females in the group.
Haught was left with extensive facial fractures, including a broken jaw that was wired shut for eight weeks. Witnesses said the group used antigay slurs during the incident.
This month’s filing comes in the civil lawsuit Haught and Hesse filed against the three. The couple is seeking at least $500,000.
Williams and Harrigan pleaded guilty to criminal charges and received probation and community service, while Knott took her case to court and was found guilty of four misdemeanor charges, for which she served five months in prison.
In addition to a self-defense claim, Williams also suggested in his filing that any injuries the couple sustained were “caused or contributed to by conditions or persons over whom [Williams] had no control and for which [Williams] is not responsible.” All injuries were the “result of intervening and superseding acts of others,” Williams’ attorney Eamon Merrigan, wrote.
Williams also argued for coverage under the Sudden Emergency Doctrine, as he was “faced with a sudden emergency and in consideration of the circumstances surrounding that emergency responsibly reasonably.”
Williams further contended that any recovery the plaintiff’s are entitled to is “based upon the acts and omission of the co-defendants, Kevin Harrigan and Kathryn Knott, who are solely responsible for the plaintiffs’ injuries and damages.”
Discovery is moving forward for both sides.
Attorneys for the plaintiffs recently filed a subpoena for the District Attorney’s entire investigative file, “including all written statements, recorded interviews, police paperwork and any and all other documents” pertaining to the incident, as well as all exhibits, documents and materials pertaining to Knott’s criminal trial.
Williams’ attorney is pursuing a subpoena for Haught’s billing, radiology and medical records from Hahnemann University Hospital dating from Sept. 11, 2009, to the present.
A settlement conference in the case is tentatively scheduled for Sept. 4, 2017, and, if no agreement is reached, the case is slated for trial Dec. 4, 2017.