A lawsuit that claims DaBaby punched a 64-year-old man, pulled out his tooth, stole his phone and trashed him.
Los Angeles County District Judge Terry Green said DaBaby, whose real name is Jonathan Kirk, has a Fifth Amendment right to refuse to sit for a deposition or answer any written discovery questions in the civil case, while also facing up to four years behind bars if convicted. of the “great bodily injury charge” filed against him by the Los Angeles County District Attorney’s Office.
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“I can’t say no to them. They have a felony complaint,” Judge Green said at a hearing Tuesday morning in downtown Los Angeles. “This isn’t just a possibility out there in the universe that, ‘Gee, maybe the DA will testify about this.’
But the judge stopped short of freezing the entire suit, saying he would allow plaintiff Gary Pagar, the alleged victim in the criminal case, to continue pursuing documents and third parties related to his civil claims for fraud, deceit, breach of contract, conversion and encroachment.
In his February 2021 complaint, Pagar says he rented his luxury six-bedroom home to Kirk in November 2020 under a “vacation” lease that specifically stated the property could not be occupied by more than 12 people.
Pagar alleges that Kirk violated the agreement almost immediately, inviting about 40 people to the estate, including a professional film crew. It claims Kirk was filming a video for the song “Play U Lay,” directing rapper Stunna 4 Vegas and social media personality Jake Paul to appear on camera at the property without proper permission.
According to the complaint, Kirk and his female companions destroyed the home’s Nest security camera shortly after Pagar reached out and demanded that the commercial be stopped. When Pagar appeared in person on Dec. 2, 2020, to enforce the lease agreement, Kirk allegedly “punched him in the face, knocking out his tooth and leaving him bruised and bloody,” the lawsuit states.
Pagar alleges that Kirk and a group of unknown men cornered him in front of his home, “pushing him, shoving him, spitting on him, threatening him and taunting him.” She says Kirk and the men “threw” Pagar’s phone back and forth and scratched Pagar’s car with the keys.
The lawsuit alleges that Kirk fled the scene shortly after Pagar alerted him that police were on their way. The complaint and its exhibits state that the house was left in disrepair. Pagar claims he had to pay $1,300 to repair stained carpets, $1,000 to reupholster damaged dining room chairs, $575 to re-feel a pool table and $1,680 to repair hardwood floors. Pagar also claims he never saw his $1,149 phone again.
Kirk has pleaded not guilty to the felony battery charge and filed his motion last month asking the court to stay the civil suit until the criminal case is over.
The “Rockstar” rapper argued that because the cases involve the same dispute dating back to December 2020, he has a Fifth Amendment right to avoid self-incrimination and to conceal his defense before a possible criminal trial.
“Kirk is in a catch-22 situation while both the civil and criminal cases are pending, and the only recourse is to stop this action immediately until the criminal case is resolved,” Kirk’s attorneys, William J. Briggs , and Joshua M. Rosenberg, wrote in his Oct. 13 filing.
Kirk, 30, previously pleaded guilty to a misdemeanor gun charge after fatally shooting 19-year-old Jaelyn Craig at a North Carolina Walmart in 2018.
The musician claimed self-defense, but the dead man’s family disputes that, claiming Kirk instigated the physical altercation that led to the shooting. An exclusive video previously obtained by Rolling Stone reporter Cheyenne Roundtree appears to support the family’s claim.
Kirk, who drew widespread condemnation for making homophobic comments at Rolling Loud Miami last year, is also being sued by the brother of his ex-girlfriend DaniLeigh over an alleged row at the bowling alley nine months ago. The brother, Brandon Curiel, claims that Kirk physically assaulted and injured him at the Corbin Bowl in Los Angeles on February 10, 2022.
DaniLeigh, 27, shares a daughter as well as a tumultuous relationship history with Kirk. Late last year, she was feeding their daughter at his residence when he began recording a video and called the police to physically remove her from the penthouse.
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