A settlement was reached Sept. 2 during the second mediation meeting in a civil case involving Douglas Pastor, a Hillcrest resident who was severely beaten by local musician Raymond “Ray Argyle” Mawhinney on Oct. 19, 2003.

A Jan.13 civil trail court date had been scheduled, but instead Mawhinney’s legal team and Pastor’s civil litigation attorney, Dan Martorella, negotiated an undisclosed settlement.

Martorella would only say, “A settlement was reached under a confidentiality clause. The settlement brings peace to both families.”

The Gay & Lesbian Times reported in March that Pastor was severely beaten on Ray Street in North Park by Mawhinney after he discovered Pastor sitting in a car belonging to Mawhinney’s friend, Stephanie Sullivan. San Diego detective Donald Williams’ investigator’s report cited a witness that saw Mawhinney pull Pastor out of the car and kick him in the face multiple times.

Pastor suffered various injuries as a result of the attack and had to be hospitalized twice, for a total of 10 days. His nose and jaw were broken and the right side of his cheekbone had been crushed. Pastor’s right eye was swollen shut and the entire right side of his face was concaved. Pastor’s medical expenses resulting from the attack total well over $115,000.

Mawhinney claimed the attack on Pastor was a misunderstanding and he was reacting in self-defense, and said Pastor rifled through the glove compartment and grabbed something from the front seat.

“I think it was a horrible misunderstanding, and I was reacting in terms of fear for my life. I truly believed that he had a weapon, and I truly was defending myself,” he said in a court transcript.

Mawhinney denies the attack was a hate crime motivated by Pastor’s sexual orientation, since he was unaware Pastor was gay until at least a month after the incident.

“If you look at the records of the criminal case, there was no basis whatsoever for there being any sort of hate crime allegation. It was definitely not motivated by sexuality. That’s completely false,” Mawhinney told the Gay & Lesbian Times in March.

In a plea agreement, Mawhinney pleaded guilty to aggravated battery, which is a misdemeanor, although he was initially charged with two felony counts – assault and battery with serious bodily injury.

Although the San Diego County Probation Department recommended a 90-day prison sentence, Mawhinney was sentenced to three years summary probation, various court fines, and was held responsible for Pastor’s medical and psychological therapy expenses. Mawhinney was also ordered to be available for the civil case and any depositions related to it.

A civil trial date was originally set for June 12, but on March 1 Mawhinney, with the assistance of his attorney, Timothy Sullivan, filed for Chapter 7 bankruptcy. A “notice of stay” was granted, which essentially stopped the civil lawsuit proceedings and any depositions against Mawhinney.

Sullivan said Mawhinney’s bankruptcy filing was necessary due to pre-existing debt and lack of assets.

According to Martorella, Pastor’s claim against Mawhinney was able to go forward in civil court under an exception to the bankruptcy code. Martorella said any actions that are malicious and cause bodily injury to a third person are not dischargeable in bankruptcy court. A hearing took place in bankruptcy court in mid-May, where a judge allowed the case to proceed. Martorella said that once a person files for bankruptcy protection they cannot pursue an individual financially in court.

“What the person who was injured must do when a person files for bankruptcy protection is they must hire a bankruptcy lawyer and the lawyer must file a notice, a motion to lift stay over the bankruptcy petition, which basically asks the court permission to allow the party to pursue the defendant in civil court,” Martorella said.

The U.S. Senate is currently revising the acceptable criteria for declaring personal bankruptcy due to this loophole in the bankruptcy code, he added.