An IU student is suing six former IU students and one current student, alleging that they assaulted him and made anti-Semitic comments toward him last year.\nIn a lawsuit filed Tuesday in Cook County, Ill., senior Scott E. Gray is seeking $4 million in damages each from former students Ross M. Parker, James Teets, Dane Pinter, Brian Pennington, Patrick Vallely and Norm McOlsen III. Gray said he is filing a separate lawsuit today against IU-Purdue University Indianapolis student Grady Randall.\nAccording to the lawsuit, Gray filed for two counts of assault, battery and unlawful restraint, intentional infliction of emotional distress and punitive damages against each of the defendants.\nGreg Moss, Parker’s attorney, and Bryan T. Butcher, Pennington’s attorney, both said that because the lawsuit was just served, they do not know how it’s going to play out.\n“The allegations are a complete fabrication,” Moss said. “I believe at the end when all is said and done, whatever the outcome will be, will be in favor of Mr. Parker.”\nButcher said the lawsuit is “mostly accusations” and “completely ridiculous.”\nGray is being represented by Bloomington attorney Geoff Grodner and Chicago attorney Enrico Mirabelli.\nTeets, Pinter, Vallely and McOlsen could not be reached by press time. Randall currently does not have an attorney and refused to comment on the situation.
First incident
In February 2006, Gray was living at the Omega Building at 252 Walnut St., where other residents were having a party that all of the defendants attended, according to the lawsuit. \nGray was leaving the building when he allegedly bumped into the defendants in the hallway. The lawsuit alleges that the defendants attacked Gray in a “mob-like” manner and verbally and physically taunted Gray before ripping off his shirt and revealing his Star of David necklace.\nAfter noticing the necklace, the defendants allegedly began screaming anti-Semitic comments and death threats toward Gray, according to the lawsuit. Gray was able to run into a neighboring apartment, but was pulled back out by the defendants, according to the lawsuit. Gray called the police and the defendants allegedly fled the scene.\nIU senior Riley Fuller said he was at the same party as the defendants when he said the fight occurred. Fuller said although he did not engage in the fighting, he apologized to Gray for their actions. Fuller said he was friends with the defendants when the incident occurred. \n“I thought there was no reason for that to have happened,” Fuller said. “I felt bad for him for being attacked when he didn’t do anything wrong.”
Second incident
Gray had another altercation with the defendants in May 2006 at Kilroy’s Bar and Grill, according to police reports. Parker told BPD Officer Scott Myers that Gray hit him in the head with a beer bottle, BPD Sgt. Jeff Canada said, reading from a police report. Gray denies the accusation.\nAccording to a witness, who is one of the defendants, Gray had been staring at Pennington and his friends while at Kilroy’s. The witness told officers that Pennington asked Gray why he was staring at him and the two began fighting. The witness said he saw Gray hit Parker in the head with a beer bottle, Canada said.\nPennington told officers there had been past circumstances involving Gray, including Pennington and his friends being accused of not liking the Jewish community, Canada said.\nAfter Gray allegedly left the scene, Myers arrested Gray at his Bloomington residence, Canada said.\nAccording to the police reports, Gray was arrested on suspicion of battery. Later in the year, Parker received a letter from former Monroe County Deputy Prosecuting Attorney Jim Trulock stating that the charges were being dropped against Gray.\nSecurity footage from Kilroy’s was seized, but the playback was too fast to use as conclusive evidence, Canada said. Gray said after the video footage was forensically enhanced and slowed down, he brought it back to BPD for evidence. \nBPD Det. Richard Crussen is still investigating the case.
Student trial
During an investigation by the IU Student Ethics Committee, Gray was cleared of all charges stemming from the May incident, according to the lawsuit. \nGray then reported the February incident to the ethics committee, which found Pennington guilty of an ethics violation. He was suspended for one full academic year, according to the lawsuit. Pennington was the only one of the defendants found guilty by the ethics committee, because he was the only one still enrolled at IU, according to the lawsuit. \nFuller, who was present at the trial against Pennington, said he told the IU Student Ethics Committee exactly what he saw the night Gray was attacked.\n“I didn’t see Scott (Gray) do anything in any kind of manner to provoke an attack,” Fuller said.\nIU Dean of Students Dick McKaig said Pennington, Parker and Teets’ membership in their fraternity, Alpha Tau Omega, was deactivated, according to the lawsuit.\nPennington refused to comment about his suspension or deactivation.\nGray said he hopes the “overwhelming evidence” against the defendants and the truth will prove itself.\n“I want justice,” he said. “I don’t want these kids to do this again.”
