Farrell family sues three Rowan University students

The family of Donald “Donnie” Farrell III is suing three Rowan University students over an alleged assault that occurred six months before his death.

Farrell died during his sophomore year after being attacked, robbed and beaten on Oct. 27, 2007.

The lawsuit involves an unrelated incident that happened on April 20, 2007.

Named in the lawsuit are current Rowan students Colin Donovan, Thomas Capo, and David Stahl. Capo and Donovan said they acted in self defense. Stahl could not be reached.

Farrell’s injuries included a broken jaw and broken teeth according to Brian Kincaid, the Farrell family lawyer.

“[Donnie] had to have his jaw wired shut,” he said.

The civil suit was filed April 13 by Kincaid in state Superior Court in Morristown. The Whit was unable to secure a copy of the lawsuit from Morris County.

“The suit was filed on behalf of the estate against three students. It is also against a property owner where the assault occurred,” Kincaid said. The attorney is handling media correspondence for the family.

The incident occurred at an off-campus house on Heston Road, Kincaid said.

Capo said in an e-mailed statement to The Whit that Farrell arrived at the off-campus house “extremely drunk,” and was asked to leave, and that Farrell began the violence by punching their neighbor in the face, allegedly unprovoked.

Donovan’s lawyer, Ronald L. Greenblatt, said in an e-mail, “On the night of the incident involved in the civil suit, there were numerous witnesses who testified about Mr. Farrell’s aggressive and assaultive actions.”

Capo said attempts made by he, Donovan and Stahl to walk Farrell home turned into a fight.

“Donald aggressively moved toward [Donovan, who] punched him one time,” Capo said. “At this time Donald turned and walked home without saying a word.”

Kincaid said he is not surprised that Capo placed the incident off the property.

“We just found out that Mr. Capo is the property owner on record,” Kincaid said.

University spokesman Joe Cardona said no disciplinary action was taken against Stahl and Capo following a 2007 disciplinary hearing on campus. Donovan was given a one-year suspension, but was allowed to register again for the spring 2009 semester.

The Rowan student handbook states, “Private off-campus events which are not sponsored or funded by Rowan University will also be subject to the University discipline system if the conduct violates local, state, or federal law or when the University determines that the conduct has a direct impact on the educational mission and interests of the University and/or the safety and welfare of the University community.”

The civil suit is seeking monetary compensation for Farrell’s medical expenses, punitive damages, and legal costs, Kincaid said.

“The law does permit someone to file suit regarding an incident to seek monetary damages and pain and suffering, even if the injured has passed away,” Kincaid said.

“I feel sorry for the family, as they have lost a child, but they are knowingly filing false charges against us to selfishly make money for themselves,” Capo said. “We were trying to help their son that night. Now they are trying to ruin our lives.”

In a separate legal action in December 2007, a Gloucester County grand jury found there was insufficient evidence to indict Stahl and Capo. They remanded Donovan’s case back to the Glassboro Municipal Court.

According to Greenblatt, Farrell never identified Donovan in the assault charges.

“Mr. Donovan stepped forward when he was under no legal obligation to do so and admitted he struck Mr. Farrell one time in self defense,” Greenblatt said.

According to Bernie Weisenfeld, spokesman for the Gloucester County Prosecutor’s office, a detective in the prosecutor’s office is looking for more witnesses who were at the party where the incident took place, and is still investigating the matter.