Almost a year to the day of his assault, the victim of a stabbing outside an Athens bar last February filed suit against his alleged attacker and seven others for medical expenses.
Michael Gallas, an Ohio University student, was stabbed four times with a broken beer bottle outside Courtside Pizza and Sports Bar, 85 N. Court St., on Feb. 23, 2013.
Gallas filed a complaint last week on Feb. 12 against Patrick Michael Barry, a former OU student who initially pleaded innocent but pleaded guilty in October before Athens County Common Pleas Court Judge George P. McCarthy to one count of felonious assault. He entered a diversion program instead of serving jail time.
The new complaint also lists seven others allegedly involved in the incident and requests payment for medical expenses.
The document, signed by Gallas’ attorney, demands judgement against the seven others listed in the documents and $25,000 — plus interest — for compensatory damages and punitive damages.
OU students Mario Jenkins and Gabriel Sirkin are listed in the complaint, while the five others remain anonymous because the “plaintiff could not discover the names of” the remaining five defendants, according to court documents.
Gallas believes that all eight men, including the five listed as “John Doe,” are legally responsible for the incident.
Although the stabbing was allegedly a result of a fraternity feud, the documents do not confirm or deny that the others listed are also involved in Barry’s fraternity.
Gallas, as of late August 2013, was a member of Pi Alpha Kappa Fraternity. Barry, 22, is a former member of Sigma Pi Fraternity. The two organizations reportedly have had a history of feuding.
OU officials said the university could not confirm or deny that it was conducting any disciplinary procedures involving this matter because that information is protected by the Family Educational Rights and Privacy Act, a federal law that was enacted to protect students’ educational records.
The Post submitted a public records request on Tuesday seeking non-identifying information on any possible disciplinary hearings related to the stabbing. The request, which did not ask for information about a specific student’s disciplinary hearing, was denied.
Katie Quaranta, OU’s spokeswoman, said there was no way to comply with The Post’s broad request “without violating FERPA.”
But Martha Compton, director of OU’s Office of Community Standards & Student Responsibility, said that generally speaking, a university disciplinary hearing is automatically triggered when a student is in trouble with the law.
“If a student is cited or arrested for criminal conduct in the city of Athens, that student would also face action under the Student Code of Conduct,” Compton said. “Charges stemming from off-campus conduct are subject to the same process for resolution as violations that occur on campus.”
What occurred off campus in this case was a violent assault, according to court documents that state that Gallas and Jenkins were in a “verbal disagreement” at the bar.
The documents allege that Jenkins hit Gallas in the face, breaking a tooth. Meanwhile, Sirkin handed a beer bottle to Barry, who broke it and used it to repeatedly stab Gallas in the abdomen.
Jenkins and Barry “intended to harm, and did in fact, injure Gallas. Such actions of Jenkins and constitute malice,” documents state. “Gallas has sustained psychological problems that have significantly affected his life.”
McCarthy forbade Barry from “leaving for spring break” during OU’s spring break in two weeks. If he does, or if he violates the terms of his diversion program, Barry will be sent to prison, where he could be held for up to eight years with no jury trial.
kf398711@ohiou.edu
@kellypfisher
