The Police have arrested 57-year-old Paula Iloahefaiu Alipate, a resident of Redwood City, on suspicion of alleged assault and wrongful death with force likely to cause bodily injury. Alipate was described as a member of the Redwood City wine bar’s security.
According to the Police, a man was assaulted and beaten two weeks ago by security at 840 Wine Bar & Cocktail Lounge, the victim died sometime after the assault. However, the police have ruled out the assault as the cause of death.
Alipate’s arrest stems from a June 20 incident at 840 Wine Bar & Cocktail Lounge. At 12.15 am the police officers responded to a report of a man lying unconscious on the sidewalk in front of the wine bar. The unconscious man was intoxicated and was asked by the wine bar employees to leave.
When the man refused, the wine bar security forcibly removed him and pinned him down to the sidewalk until he calmed down. When the man tried to get back into the bar, there was another altercation with bar security. He was forced down again on the sidewalk. During the altercation, Alipate allegedly kicked the victim in his head and hit his face with a flashlight at least four times.
The victim was taken to a local hospital by the officers and post-investigation they arrested Alipate for the assault.
A few days later the victim died due to medical circumstances not related to the injuries sustained during the assault. The autopsy report from the San Mateo County Coroner’s Office stated that the victim’s injuries from the assault did not contribute towards the death of the victim.
ASSAULT AND BATTERY
Any kind of physical attack on another person whether there is any physical contact or not is considered to be an assault. At the same time, if the victim is injured while being subjected to harmful or offensive touching it is considered to be battery.
Most of the assault and battery victims believe that criminal prosecution is the only recourse to get the guilty punished. They are unaware of the fact that they have the right to sue their assailant in civil court and recover damages from them for the injuries that they have suffered.
A person can be held liable for assault in civil court if:
- He or she had the intention to cause harm or have offensive contact with another person.
- The victim believed that they were about to be personally harmed.
A person can be held liable for assault even if they have not actually touched the victim. As per the legal definition, even verbal threats are considered assault.
California Alleged Assault Lawyers
California has some of the toughest laws against violent crime. If a person is convicted of a violent crime they can be charged by the prosecutor for either a misdemeanor or a felony.
The conviction can lead to prison time, penalties, full restitution to the victim or probation and a permanent entry in the criminal records. Many assaults are also considered as “strikes” under California’s “Three Strikes” Law. These charges are serious and can be used for increasing future punishment in the future.
For over two decades, personal injury victims in California have relied on Khashan Law Firm for justice. In civil assault and battery cases, a substantial settlement can be won by the victim even if the culprit is not convicted in the criminal court. Let our team of experienced lawyers represent you and seek justice on your behalf. Contact us at 951.461.2387 for a free and confidential consultation today.