By now we all know the story of how City Councilman Art Shad (of pain medication dependency and numerous speeding violations fame) punched local attorney Tim Kelly in the face while Kelly was walking his labrador at FEC Park in San Marco.
According to news articles, Shad was, for lack of a better description, in fear for his life by what can only be described as the threatening licks and violent tail wagging of Kelly's lab. So Art, being the noble, yet violent, man that he is, punched Kelly right in the face causing him serious injury.
As a result, Kelly late last week filed a two page (one and a half, really) complaint against Shad alleging, amongst other things, that Shad "acting in a strange and peculiar manner, battered the plaintiff by striking him in a harmful or offensive manner."
Kelly has alleged the jurisdictional $15,000.00 in damages to get the case into Circuit Court. However, it is unknown at this point what Kelly's damages actually are. Kelly is represented by Richard Watson of Rahaim, Watson, Dearing & Moore, P.A.
Shad has 20 days from the date he is served to either answer the complaint or file a motion to dismiss (although on the face of the complaint there does not appear to be any grounds for a dispositive motion).
More likely, Shad will answer, deny everything, and raise the affirmative defense of self defense (or that he was high as a kite and therefore did not appreciate the nature of his actions, or that he is just plain insane and unable to distinguish between right and wrong).
Shad will also have 45 days from the date he is served to answer Kelly's interrogatories and requests for documents, both of which were also served with the Complaint. There is no affidavit of service in the court file, meaning Shad has yet to be served.
There is no record of any pending criminal charges being filed.
I'll keep an eye out on the filings in this case and provide a summary analysis of, and maybe even post, all discovery and other pleadings and notices as they are filed. I'll be very interested to read Art's deposition transcript as well as I'm sure we'll get some good gems to use against him in his next political endeavor.
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3 comments:
What's funny is that I heard a rumor around the Courthouse that Art had already agreed to settle this case for around $50k. Which goes to show: don't believe everything you hear in the Courthouse.
Colony -- on behalf of the folks who are watching this case closely for many reasons, we would really appreciate any news/developments.
"(or that he was high as a kite and therefore did not appreciate the nature of his actions, or that he is just plain insane and unable to distinguish between right and wrong)."
"I'm sure we'll get some good gems to use against him in his next political endeavor"
These are not needed. Take your time, do it right.
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