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(last updated on July 11, 2007)

Lawsuit filed in connection with Karnes City stabbing

By Jason Clay Jansky

A lawsuit has been filed in district court claiming former murder suspect Augustine Padron, a local dance hall, and several law enforcement entities are responsible for the 2005 stabbing death of Rudy Asebedo, Jr.

The suit names Rudy Asebedo, Sr. and Irene Asebedo as the plaintiffs. They’re seeking unspecified damages from Padron, the Benito Juarez dance hall, Leroy Casanova, Karnes City Police Chief Eddie Salas, Karnes County precinct one Constable Dennis Fenner, and the Karnes County Sheriff’s Department.

The suit goes on to allege the Benito Juarez dance hall parking lot and surrounding area was poorly lit and "inadequately, if not completely lacking in appropriate security measures to prevent the assault on one of its invitees."

It then accuses Casanova, Salas, and Fenner of being negligent security guards on duty that night, saying they and the Sheriff’s Department had a legal duty to "prevent injury to others."

The Asebedo family is claiming they are owed for physical pain in the past, mental aguish in the past, physical impairment in the past, medical expenses in the past, loss of earning capacity in the past and future, and funeral expenses.

Padron, who was found not guilty of Asebedo’s murder May 25 last year, is near the top of the list of those responsible, right underneath the Benito Juarez dance hall.

The suit alleges Padron repeatedly stabbed Asebedo, causing his death, and that he acted recklessly and "disregarded a substantial and unjustifiable risk that harm would result from his conduct."

Fenner and Salas both were working security June 12, 2005 at the dance hall. They were not on duty with their respective law enforcement agencies and were working as private contractors for the hall.

The Karnes County Sheriff’s department, which typically employs only one deputy on each shift to cover the entire county, did not have any officers on- or off-duty at the dance hall.

Karnes County Sheriff David Jalufka said he’s been sued unsuccessfully five times in the past while working for other law enforcement agencies, but this is the first time he has been sued as Karnes County Sheriff. He called the Asebedo case against his department frivolous.

A court date for the trial has not yet been set, but county officials expect to begin working on the matter next month.

jjansky@thecountywide.com