Assault Draws Proposed Sanction

The Louisiana Attorney Disciplinary Board recommends a partially-stayed year and a day suspension for an assault

The allegations involve the employment of Respondent’s minor son at a (likely former) friend’s restaurant known as Freddie Cascio’s Italian and Cajun Ristorante

On Saturday September 19, 2020 Cascio believed that the son was scheduled to work and was to have arrived at the restaurant between 4:00 and 5:00 that afternoon, the time typically allotted for work staff to arrive so as to prepare for opening at 5:30. By 5:15, the son had not arrived so Cascio texted Respondent asking for his son’s cell phone number indicating that he had not as yet shown up for work. Respondent replied with an abusive, insulting and racially improper text to Cascio including a threat to “beat your ass.”

Cascio chose not to engage with Respondent, ended the texting and he and his staff completed preparation for the restaurant’s evening patrons. Following completion of the preparations, Cascio was seated on a preparation counter near the rear of the bar area with his legs propped on a bar railing facing the front of the restaurant while conversing with his staff. Suddenly the rear door into the restaurant from the kitchen area burst open and Respondent came through. Respondent grabbed Cascio’s ankles, swiveled him to his right and pulled him the length of the preparation counter, off the counter, and causing Cascio to fall on his back and head to the concrete floor below. From there Respondent dragged Cascio into the back kitchen area of the restaurant where he knelt on his upper chest and neck area while grabbing Cascio’s head which he pounded into the floor several times while he was heard to say “I will kill you.” The attack on Cascio by the Respondent ended when a female employee reached out and grabbed Cascio as he lay on the kitchen floor in an effort to pull him free of Respondent. Other employees who witnessed the attack called 911 and summoned police. Respondent disengaged and fled the premises.

During the course of the investigation of this matter the Office of Disciplinary Counsel obtained text messages from the Respondent sent to Cascio the day after the event where he asked Cascio to provide false information to police and to suggest to them that the attack was all a big misunderstanding. Cascio declined to offer false information to law enforcement.

The victim

At the time of the incident Cascio was a 68-year-old polio-victim survivor, who sustained injuries stemming from the encounter with Respondent including medical expenses. The Respondent agreed to consent to a restraining order. Through retained counsel, Cascio initiated a civil claim against Respondent which was recently resolved to Cascio’s satisfaction with the payment of damages and reimbursement to him of his out-of-pocket medical expenses.

From a concurring/dissenting opinion of a Hearing Committee member

First, I was impressed that Respondent stipulated to the facts, self reported, cooperated with ODC, and takes responsibility for his actions. He did not contest compensation for the victim, which was paid from his own funds, promptly and, in my and some of the witnesses’ opinions, was very generous based on the injuries.

I found the Respondent to be remorseful and credible. He admits this was a horrible outburst, explained in part by COVID-19, Hurricane Ida’s recent foray through Northeast Louisiana, Respondent’s concerns for his son’s developmental and education issues, frustration with Mr. Cascio and a testosterone injection. At the time of the incident, the Delta variant was rising and causing new restrictions, event cancellations and business shut downs.

…The undersigned is convinced that Respondent truly regrets the damage this one 10 second lapse did to a multi-generational family relationship.

Proposed sanction

The sanction of a one-year and one-day suspension as imposed in Crabson is appropriate in this matter. However, given the significant mitigating factors present, most of which were not present in Crabson, the Board will recommend that six months of the suspension be deferred. The Board will also recommend that Respondent be placed on probation for a period of two years and be referred to the Judges and Lawyers Assistance Program (“JLAP”) to be assessed, and if
necessary, treated by a licensed mental health care professional. In the event Respondent fails to comply with these conditions, or if he engages in any misconduct during the period of probation, the deferred suspension may become executory, or additional discipline may be imposed, as appropriate. 

(Mike Frisch)