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In the wrongful death lawsuit, filed in Suffolk County Supreme Court on Wednesday, June 28, the family of Jake Scott alleges that JDC's Tailgaters Sports Bar in Holbrook had a “duty of care” and is liable for his death.
Scott, of Centereach, died in September 2022, 11 days after he was savagely beaten by the bar's bouncer, David Cruz.
According to Suffolk County prosecutors, it was around 3 a.m. on Aug. 21, 2022 when the two men got into an argument.
Witnesses testified that Cruz was upset because Scott had called him a “weirdo” earlier in the evening.
Aware of the building’s exterior surveillance camera, Cruz repeatedly attempted to lure Scott out of the camera’s view, prosecutors said.
After failing to do so, Cruz was captured on video removing his shirt and using it to cover the camera.
With the camera's view now obstructed, and seemingly unaware of another security camera at a nearby business that would capture the attack, the 6-foot-5, 270 pound Cruz unleashed a series of brutal punches on Scott, according to prosecutors.
Video shows him delivering the first punch as Scott stands up from a chair, knocking him onto a sidewalk.
It then shows Cruz getting on top of Scott and repeatedly punching him in the head, eventually knocking him unconscious.
“When Scott lay motionless and unconscious on the ground, the defendant grabbed the victim’s shirt and pulled him up with it yelling at him to get up,” Suffolk County District Attorney Raymond Tierney said in a statement.
“When Scott didn’t respond, the defendant dropped him back to the ground and delivered a final blow to the victim’s head before fleeing the scene.”
Scott was placed in a medically induced coma at Stony Brook Hospital, where doctors discovered that he had suffered a brain bleed, a complete skull fracture, and a traumatic brain injury.
He died from his injuries over a week later, on Thursday, Sept. 1.
A Suffolk County jury found Cruz guilty of first-degree manslaughter in April 2023. He faces up to 25 years in prison when he is sentenced on Friday, June 30.
In their civil lawsuit filed Wednesday, Scott’s family names JDC's Tailgaters Sports Bar, as well as its owner, Dorielle Bennett. It also names Cruz’ employer, First Choice Protection, and Cruz himself.
"The Security Company, First Choice Protection, is liable because they hired Mr. Cruz despite the fact he has a lengthy criminal history,” the family’s attorney, Jon Bell, told Daily Voice.
“The Bar, Tailgaters, is liable because they had notice of Mr. Cruz's violent propensity and, yet, continued to utilize his services as a bouncer. They collectively failed to train and supervise Mr. Cruz in his duties as a bouncer,” he continued.
"There is no dollar amount that will ever heal the horrific pain inflicted upon Jake Scott's family. All parties who were responsible for the death of Scott need to experience the consequences of their actions.”
Daily Voice reached out to Tailgaters Sports Bar, but the business declined to comment on the lawsuit.
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