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Lawsuit filed over disturbance outside tavern

gavelA St Joseph woman has filed a civil lawsuit against a local businessman, claiming he assaulted her outside a local tavern last month. No criminal charges have been filed in the case, which stems from a disturbance at the Brown Bear Tavern at 2028 St Joseph Avenue on the night of September 23, 2015.  In her civil court filing, Heidi Morrow of St Joe seeks in excess of $25,000 plus punitive damages in each of two civil counts filed against Kendall Randolph.

In the first count, Ms Morrow asserts that Mr Randolph pointed a firearm at her and “threatened to shoot her while yelling menacing and agressive remarks.”

In the filing, Ms Morrow says he continued to approach her while pointing a gun at her. “Notwithstanding Plaintiff’s attempts to distance herself from Defendant and his firearm, Defendant continued to approach Plaintiff while pointing the gun at her,” according to the petition for damages.

In the second count, the plaintiff says the defendant drove his vehicle toward the plaintiff and the crowd of people standing on the sidewalk outside the tavern.

“Speeding toward Plaintiff in a forward trajectory, Defendant pulled his vehicle up onto the sidewalk and, with intent to place Plaintiff in apprehension of imminent bodily harm, continued to speed in her direction, nearly striking Plaintiff with his vehicle,” according to the court filing. She says that after he failed to strike her with his vehicle the first time, he tried again, before speeding off down the road away from the tavern.

In interviews, St Joseph police said officers went to Mr Randolph’s house on 22nd Street, but he refused to come out.  After a lengthy standoff involving the Special Response team, he left the house and was taken into custody.  The official police department booking report lists five investigative charges.  Police have turned the case over to the Prosecuting Attorney’s Office, but prosecutors have asked investigators for more evidence.

In both civil counts, Ms. Morrow claims she suffered fear and apprehension of imminent bodily harm. She says she suffered, and continues to suffer, fright, shock, mental anguish, anxiety, depression and nervousness requiring her to seek ongoing medical and psychological treatment from a physician.

In both counts she asserts that the defendant acted maliciously and oppressively, in willful and conscious disregard of Plaintiff’s rights and safety, and with the sole intent to harm her. The court filing asserts that she is therefore entitled to punitive damages.

The case was assigned to Judge Weldon Judah, and is scheduled on his calendar December 31.

Several calls for comment from the defendant were not returned.

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