Suit filed in Grantfest death

- Horseheads man's family seeks $6M in beating death at festival.

The family of the Horseheads man beaten to death last August at a private music festival in Schuyler County has filed a $6 million wrongful death civil lawsuit in Chemung County Court.

The lawsuit was filed July 15 by the family of Matthew R. White, 22, who died Aug. 3 after being beaten during Grantfest, which was held in a wooded area behind 1741 Gano Road in the town of Dix.

Brandon Gaige, 21, pleaded innocent last month to first-degree manslaughter and second-degree assault in White's death. The trial could begin in September in Schuyler County Court.

Gaige, Grant Simons, who owns the property, and Jeff Jones, one of the festival organizers, are accused of negligence in the 12-page court document.

"Essentially, their son was killed, and it's important to them not to see another Grantfest take place," said Scott Learned, the Elmira attorney representing the White family. "Hopefully, this will give cause not to have another party, if nothing else."

Another Grantfest is planned for Aug. 1, 2 and 3, said one of this year's coordinators, Patrick Bentley. A Web site advertising the music festival says participants must bring their own alcohol and picture identification will be required to enter.

Gaige, Simons and Jones could not be reached for comment Monday.

White's father, Thomas R. White, filed the lawsuit on behalf of his son's estate for his granddaughter, Leah Marie White. The lawsuit claims Simons and Jones didn't provide adequate supervision of their guests.

Simons, Jones and Gaige have not responded to the suit, Learned said Monday.

"I've been advised by my lawyer not to discuss the case," Thomas White said. "I don't want to say anything to jeopardize it."

Gaige, also named in the lawsuit, is accused of causing Matthew White "conscious pain and suffering" that ultimately resulted in White's death.

"The acts of Gaige were willful, illegal, intentional, malicious, unwarranted and without just cause or provocation," the court document states.

"As tragic as the death of Mr. White is, the simple fact is it wasn't caused by Mr. Gaige," said Gaige's attorney, Raymond M. Schlather of Ithaca. "Both the Monroe County Medical Examiner (Dr. Thomas Smith) and a private examiner (Dr. Cyril Wecht) determined the cause of death was a drug overdose."

A fight did occur between Gaige and White, Schlather said.

"Mr. Gaige was acting in self-defense," Schlather said. "He's not liable; he'll dispute this."

Gaige was indicted in January on felony counts of third- degree robbery and fourth- degree grand larceny in the case. Based on the results of a second autopsy performed in January, Schuyler County District Attorney Joseph Fazzary sought and received indictments for first-degree manslaughter and second-degree assault against Gaige in June.

If convicted, Gaige faces five to 25 years in prison.

Gaige has been free on bail since a family member posted $5,000 cash and a $175,000 piece of farm equipment as security in September. His next court appearance is Aug. 14.

The Grantfest Web site is www.geocities.com/grantfest2003/.

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