Two Families Deny Allegations in Mallory Lawsuit - KCBD NewsChannel 11 Lubbock

8/26/05

Two Families Deny Allegations in Mallory Lawsuit

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On Thursday, Thomas Mallory's family filed a wrongful death lawsuit against eight minors and one doctor. The family claims those named had some part in the death of their son.

Mallory died of an ecstasy overdose June 12th, 2005. But there are new developments one day after the lawsuit was filed. NewsChannel 11 has learned at least one of the minors could be removed from the lawsuit.

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Wrongful Death Lawsuit Filed by Family of Thomas Mallory
See the entire 15 page lawsuit document filed by the family of Thomas Mallory. (You will need Acrobat to open this document.)

So far, we have heard from Mayor Marc McDougal after his son, Tyler McDougal, was named in a civil lawsuit. Mallory's family accused McDougal of providing the ecstasy.

McDougal sent this statement through his attorney Jack McClendon saying, "On advice of counsel, we will have no comment on what allegations have been made, but you may be assured that we will vigorously defend any attempt by Mr. Stark and his clients to enrich themselves by this tragic occurrence."

Friday, two more families tell NewsChannel 11 the allegations against their kids are false. Attorney Dan Hurley who is representing Matthew Wessels, the seventh minor named in the suit, says he's trying to get Matthew's name removed from the lawsuit.

Hurley said, "Our investigation reveals that the plaintiffs have received incorrect information regarding Matthew Wessels. We have reason to believe that we will be able to demonstrate very quickly that Matthew has no involvement in the allegations made the basis of this suit. "

The parents of Justin Havins, the eighth minor named in the lawsuit, also contacted NewsChannel 11. They too claim their son is innocent saying: "We were completely unaware of these allegations until we learned about them from the media. The charges put forth by Louise Stinespring and her attorney naming our son, Justin, are completely unfounded and without truth. Justin is innocent of all charges and we will defend his good name vigorously with counsel in court."

We asked Stinespring's attorney Jonathan Stark if he will remove names, he would only say, "If my office receives information that a defendant was not supposed to be on the lawsuit, we will publicly remove the names."

Criminal charges have not been filed. The case is also expected to go before the grand jury on Tuesday.

Louise Stinespring issued this statement Friday: "Our family is still trying to come to terms with Tom's senseless death. I miss Tom so much. I miss his friends and their parents. Knowing that Tom's friends did not help him in his most urgent time of need has broken my heart into pieces. I know that this lawsuit cannot bring Tom back to life; but it can prevent other teens from dying. When this is all finally over, Lubbock's teens will know that ecstasy kills. They will know that their actions have long lasting consequences. They will know that life is precious."

Thomas Mallory: Autopsy & Toxicology Report
The Lubbock Medical Examiner released Autopsy and Toxicology reports late Tuesday afternoon in the death investigation of 16-year-old Coronado student, Thomas Mallory. Click here to view the complete report.

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