Victim’s father suing man convicted in beer bottle death, party host for $1.5 million

The father of Nicholas Sardina, 27, of Lawrence, who was killed in 2012 after being struck over the head with a beer bottle during a brawl at a house party, has filed a wrongful death lawsuit against the man convicted of manslaughter in his son’s death and the woman who hosted the party.

Justin Gonzalez is pictured Dec. 23, 2014, the day of his release from the Hutchinson Correctional Facility on a 0,000 appeal bond.

Submitted photo of Nicholas Sardina

Justin Paul Gonzalez, 23, of Mission, hit Sardina, 27, of Lawrence, over the head with a beer bottle during a brawl at a party hosted by Whitney Beck, of Overland Park, in the 300 block of West 14th Street in the early morning hours of Feb. 25, 2012. Gonzalez had argued that he was trying to protect a friend under attack by Sardina. Prosecutors said Gonzalez used excessive force in striking Sardina, who later died from his injuries.

Gonzalez was convicted in June of involuntary manslaughter in the death of Sardina. In August, he was sentenced to 32 months in prison but was released in December on an appeal bond. The first trial in December ended in a hung jury. The retrial ended June 5 with a conviction for Gonzalez.

Sardina’s father, Joseph Sardina, is seeking $1.5 million from Gonzalez and Beck for damages associated with his “mental anguish,” “bereavement” and his son’s funeral expenses. Joseph Sardina alleges that Nicholas Sardina died due to Gonzalez and Beck’s negligence.

Joseph Sardina’s attorney, Timothy Riling, said in court documents that Beck “failed to adequately supervise and control the guests she invited,” including Gonzalez, “who was under the legal drinking age” at the time. Riling said Beck previously admitted to supplying alcohol for her guests and becoming upset when a roommate tried to break up the party.

Beck’s attorney, Kevin Bennett, said in court documents that Nicholas Sardina “undertook an inherently dangerous activity” by engaging in the brawl and therefore he “voluntarily assumed the risks of such activity.”

Gonzalez, meanwhile, filed a response asking that the suit be dismissed and claimed that “any injury or damage to (Nicholas Sardina) was caused and/or contributed to be caused by and through the carelessness, negligence and/or fault” of Nicholas Sardina.

Gonzalez wrote that “his use of force was permitted as self defense because he reasonably believed physical force was necessary to defend himself against (Sardina’s) imminent use of unlawful force.” Gonzalez also claimed that his use of force was necessary to defend another person from Sardina.

Further, Gonzalez stated in court documents that Joseph Sardina’s lawsuit should be dismissed because the “damages claimed by (Joseph Sardina) were caused or exacerbated” by outside factors that “are not the responsibility of (Gonzalez).”

On Friday, Chief Douglas County District Judge Robert Fairchild ruled at a hearing that the Lawrence Police Department must release all information concerning the criminal investigation that led to Gonzalez’s initial arrest to Riling.

At the hearing, Bennett agreed with Riling that the information should be released. Gonzalez’s attorney, Kevin Regan, failed to show for the hearing.

The City of Lawrence had hesitated to release the police department’s information due to privacy issues with some of the witnesses interviewed in the Gonzalez investigation. But upon Fairchild’s order, attorney for the city Maria Kaminska said she would hand over the documents, photos, interviews and other items on file from the Gonzalez investigation.

Gonzalez and Beck are scheduled to appear next in court on Sept. 18. A jury trial to decide the case is scheduled for Oct. 13. It is scheduled to last four days.

Gonzalez is also currently in the middle of the appeal process of his criminal case. He was released from prison in December on a $50,000 appeal bond and is residing in Mission. Beck’s age and location were not available in court documents.