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    Thursday, October 31, 2024

    Norwich couple files for bankruptcy on eve of civil sexual assault trial

    A couple that runs a Norwich-based barbecue business has filed for bankruptcy, halting a scheduled trial in a civil case in which an underage female is suing for damages related to a sexual assault.

    Court records show Iris Dewayne Gardner and wife Angelina Maria Gardner, who run Uncle D’s Blazin BBQ Restaurant, Comfort Catering and Uncle D’s Blazin’ BBQ Food Truck, filed for Chapter 7 bankruptcy on Dec. 7 while jury selection was under way in for a trial in New London Superior Court.

    The bankruptcy led to an automatic stay on the court proceedings, or injunction, until authorized to continue by the bankruptcy court, records show.

    The lawsuit, Jane Doe versus Iris and Angelina Gardner, comes from a woman who claims she was sexually assaulted by Iris Gardner on Aug. 9, 2017 when she was 14 years old.

    The girl was a family friend of the Gardners and claims Iris Gardner stared at her in a sexual manner, made sexual comments about her body and forcibly grabbed her buttocks, rubbed against her and kissed her, the lawsuit alleges. The lawsuit also alleges that Angelina Gardner yelled at the victim, calling her a liar and spread lies about the victim in the community.

    Iris Gardner was arrested by Norwich police in connection with the claims and eventually pleaded guilty to the charge of fourth-degree sexual assault, accepting a sentence of five years of probation in 2019. Iris Gardner is listed on the state’s sexual offender registry for the 2019 conviction and for a 1993 conviction for fourth-degree sexual assault. Details of the 1993 conviction were not immediately available.

    Nate Baber, who represents the Gardners in the civil case, said the Gardners have consistently denied the allegations and Iris Gardner pleaded guilty to the fourth-degree sexual assault under the Alford Doctrine, which means he disagreed with the details of the state’s allegations against him but agreed to plead guilty to avoid the possibility of a harsher sentence at trial. Baber, who did not represent Gardner in the criminal case, said plea agreements are often made to avoid the very difficult decision of whether to face the uncertainty of a jury.

    “They’ve denied the allegations from day one,” Baber said. “(The plaintiff) has attempted to do everything they can to pressure Mr. and Mrs. Gardner to pay up and they simply won’t do it because they deny the allegations.”

    Attorney Anthony Spinella, who represents “Jane Doe” in the civil suit, said the bankruptcy declaration automatically halted a trial that was the culmination of years of litigation.

    “It’s extremely frustrating from our perspective,” Spinella said. “This guy’s been convicted twice of sexual assault. He’s never spent a day in prison for any of these things and never paid a dime. These people have totally avoided repercussions. We waited all of these years to have this trial. It’s a manipulation of the system.”

    Spinella said the victim in the sexual assault has suffered post traumatic stress disorder, which necessitated psychological counseling and medical treatment. The girl, now 21, was prepared to testify at trial “to get past this and she thought it would aid in her rehabilitation.”

    Baber denied the bankruptcy is directly connected to the civil trial and said “like most Americans they have serious financial pressures ... along with this dogged pursuit to uncover something that is not there.”

    “They certainly didn’t file bankruptcy because they fear some judgment from this plaintiff,” Baber said. “(Iris Gardner) continues to deny these allegations and looks forward to presenting evidence.”

    The bankruptcy filing indicates the Gardners estimate their assets to be worth less than $50,000 and have liabilities in excess of $500,000. The bankruptcy case remains pending.

    Uncle D’s Blazin BBQ Restaurant, Comfort Catering and Uncle D’s Blazin’ BBQ Food Truck, all listed together on the same website, indicate the business’ restaurant remains closed but the food truck is open. The restaurant at 146 W. Town St. in Norwich was damaged by a Feb. 8, 2022 fire and never reopened.

    The Gardners could not be reached for comment.

    g.smith@theday.com

    Editor’s note: This version corrects that the Iris Dewayne Gardner and Angelina Maria Gardner, and not their business, have filed for bankruptcy.