Posted online Dec. 21, 2016 10:10p
LEXINGTON – The Key Newsjournal has exclusively obtained video from the 200 E. Main Bldg. in downtown Lexington taken Nov. 5, 2016.
William Davis, the attorney for Ms. Abigail Gates and her minor daughter, confirmed that the girl in the video is his teenage client.
The video shows Portofino manager Michael Robinson holding the teenager against her will as she tries repeatedly to escape.
“This video is demonstrative evidence of violation of Kentucky Law”, said Davis in a telephone interview.
Davis said this video supports their civil lawsuit claims and made reference to posts on his Facebook page citing Kentucky legal cases.
“That is my official statement,” said Davis referring to his social media post.
From Davis’ Facebook page: “Under Kentucky law, a battery is ‘any unlawful touching of the person of another, either by the aggressor himself, or by any substance set in motion by him.’ Vitale v. Henchey, 24 S.W.3d 651, 657 (Ky. 2000) (quoting Sigler v. Ralph, 417 S.W.2d 239, 241 (Ky. 1967)).” See, Woodcock v. City of Bowling Green, 165 F. Supp.3d 563 (W.D. Ky. 2016).
“Kentucky cases define false imprisonment as being any deprivation of the liberty of one person by another or detention for however short a time without such person’s consent and against his will, whether done by actual violence, threats or otherwise.See, Banks v. Fritsch, 39 S.W.3d 474, 478-479, 480 (Ky. App. 2001).”
Abigail Gates has filed a civil lawsuit against Robinson claiming he battered and falsely imprisoned her daughter.
Ms. Gates lawsuit, filed November 23, follows her police report of November 6 which both accuse Robinson of attacking her daughter in downtown Lexington on the evening of November 5 after she left the Main St. building which houses Portofino restaurant.
Gates’ eleven-page lawsuit claims Robinson physically attacked the minor girl, without consent, in downtown Lexington and as a result she sustained multiple injuries, mental pain, humiliation, suffering and embarrassment.
The civil suit says Gates’ daughter was treated at St. Joseph Hospital East on November 5-6 for her injuries.
Robinson, who is an adult, is also accused of unlawfully and forcibly restraining Gates’ daughter in downtown Lexington.
County Attorney Larry Roberts and Lexington Police announced last week that criminal charges would not be filed against Robinson despite this video and witness statements.
The Key Newsjournal will continue to cover this story.