The families of three of the four men found killed and dismembered in a river in Oklahoma have filed a wrongful death lawsuit against a person of interest in the case and his wife – Joseph and Sandra Kennedy.
The lawsuit was filed in Okmulgee County court on Tuesday, with the plaintiffs named as Megan Gordon, Jessica Chastain, and Karen Sparks for their deceased relatives Billy and Mark Chastain and Mike Sparks.
Robert Seacat, who represents the plaintiffs, told Fox 23 that the legal filing argues that Mr Kennedy is responsible for the deaths.
“There’s a lot of circumstantial evidence at this point that points to Joseph Kennedy as the perpetrator and causing the deaths of these individuals,” Mr Seacat told the local TV station.
The legal filing argues that Mr Kennedy “knowingly caused the death of Billy Chastain, Mark Anthony Chastain and Mikel Tyrel Sparks”.
The three men, in addition to Alex Stevens, disappeared from Okmulgee earlier in October, with GPS records from one of their cell phones being tracked to two salvage yards in Okmulgee owned by Mr Kennedy following their disappearance.
Their remains were located in the Deep Fork River after several days. Police said they discovered “evidence of a violent incident” at one of the salvage yards.
Mr Kennedy was arrested in Florida while allegedly driving a stolen vehicle last week.
“He left. He went missing himself, and apparently, he was arrested in Florida in a stolen vehicle. Those are the actions, in my opinion, of someone with a guilty mind that knows they’ve committed a crime and they’re trying to avoid that,” Mr Seacat told Fox 23.
Mr Kennedy hasn’t been charged in connection to the deaths of the four men.
The legal filing is calling for $75,000 in damages each for the three plaintiffs, as well as a temporary injunction to prevent the liquidation of assets.
Mr Seacat said the injunction is the only reason Ms Kennedy is included in the suit.
“I have no information whatsoever that she has any involvement or complicity in the murders themselves. The only reason she’s listed as a defendant was to gain person jurisdiction over her so that the injunction could be directed at her as well,” he told Fox 23.
Court records reveal that she filed for divorce on 19 October – around the time that Mr Kennedy was arrested in Florida. Mr Seacat said the divorce filing prompted him to act fast.
“Normally, I probably wouldn’t have filed as quickly as I did, but on the 19th Sandra Kennedy filed a petition for dissolution of marriage, and in that filing, she alleged that she should be awarded all of their real estate holdings,” he said.
The divorce paperwork states that the couple “purchased several parcels of real property in Okmulgee and McIntosh counties” as well as that “all right title and interest in said real property should be granted to” Ms Kennedy.
The lawsuit also claims that the couple “sold all of the assets of a dumpster business they owned and operated to DC Hauling in Morris, Oklahoma” after the four men vanished and that Mr Kennedy disappeared not long after making the sale.
DC Hauling told Fox 23 that they bought four containers and a truck from Mr Kennedy on 14 October. They issued two checks to him worth $9,500 and $5,500.
The company added that they had no knowledge of any criminal allegations made against Mr Kennedy.
“If I let this man and his family liquidate all his assets, there won’t be any compensation. There won’t be any justice for” the families, Mr Seacat told Fox 23. “So that’s why I filed as quickly as I did, and why I sought and acquired this temporary injunction.”
An Okmulgee District Court judge sustained the injunction on Tuesday.
“There is sufficient, credible information provided to the Court that demonstrates that the Defendants have sold property and have attempted to convey substantial amounts of property in an effort to avoid the Plaintiff’s claims,” the judge wrote.
Ms Kennedy’s lawyer Blaine Frierson told Fox 23 that “we don’t believe the injunction is appropriate. She is half-owner of the businesses, and she’s carrying them on in day-to-day activity”.
“We vehemently deny all allegations in the petition to my client as being patently false, and if we have to go to court, we’ll prove that in court,” he added.
“I’m hopeful to work that out with the attorney,” he said, referring to Mr Seacat. “I’ve known him a long time, and if not, we’ll file a motion to dismiss in Okmulgee County District Court next week.”
A hearing for the temporary injunction has been scheduled for 4 November.
The Daytona Beach News-Journal reported last week that Mr Kennedy is on suicide watch at a Florida jail after he told police that he was planning on jumping from a hotel balcony in Daytona Beach, an affidavit has shown.
He also claimed that the truck he was driving at the time of his arrest wasn’t stolen and belonged to a friend.
He’s been charged with grand theft of a motor vehicle and his arraignment has been scheduled for 20 December.
Mr Kennedy is represented in Florida by public defender Matt Metz, who on Friday told The Daytona Beach News-Journal that “we are actively considering all options in regard to his extradition and we are not yet sure of what the final result will be”.
