November 24, 2024
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Lawsuit over fatal brawl outside Portland restaurant settled

PORTLAND – A lawsuit arising from the fatal stabbing of a Gorham High School student during a brawl outside a restaurant three years ago has been settled out of court.

Faith Joyal sued TDM Enterprises, the former owner of Denny’s restaurant, saying it should have provided better security. Her son, Robert Joyal, was stabbed to death during the brawl.

Terms of the settlement were not made public.

TDM did not admit it was responsible for Joyal’s death, but it did acknowledge that “consistent security presence may have deterred or prevented the assault and resulting death of Mr. Joyal.”

Police arrested Seiha Srey, who was 15 at the time of the killing. He was jailed for 19 months before the state dropped the murder charge.

In a statement, both sides acknowledged that at the heart of the lawsuit was an allegation that Denny’s did not provide adequate security, “even though it had been aware of previous incidents of disorderly conduct including suspected gang activity that had occurred in the parking lot.”

The reference to gang activity in the lawyers’ statement was important to Faith Joyal, who said people have no idea the level of gang violence that already exists in Portland.

“We hope [the settlement] sends the message to businesses that we don’t live in a bubble and that unfortunately urban crime has made its way here,” she said. “People have to take responsibility. People have to watch out for their neighbors, and businesses have to make sure it’s a safe environment for people.”

Joyal, her husband Robert Myers, and their two children moved to Gorham to get away from the crime of Houston, Texas. They had lived in Gorham about four months when Robert was killed.

Joyal said she is cautiously optimistic that there will be a resolution to the unsolved case.

Portland Police Chief Michael Chitwood said he has numerous detectives actively assigned to the investigation, which is being coordinated by the state Attorney General’s Office.

Srey has filed notice that he intends to sue Portland police for $3 million for violating his civil rights by withholding critical evidence that raised doubts about his guilt, and in other ways.

His lawyer, Daniel Lilley, said the suit will be filed in May. Srey is now enrolled in a school in Camden.


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