POSTED: Friday, April 4, 2014 - 11:38am
UPDATED: Friday, April 4, 2014 - 2:52pm
Nacogdoches, Texas (KETK) — A plaintiff is demanding a jury trial in Harris county against two men and their East Texas fraternity for an alleged kidnapping and aggravated assault, including torture.
According to Harris County court documents, on March 30, 2012, John Todd claims Jon Michael Windsor, of Nacogdoches, and Matthew Austin Truitt, of Frisco, kidnapped and assaulted him in the woods near Nacogdoches. Todd also believes the pair planned to murder him and leave his body deep in the woods.
Todd was able to escape during the attack, but not before receiving serious injuries, according to the petition filed on March 28, 2014. The victim then made his way to a county road where he found help and contacted law enforcement. The following day, Windsor and Truitt were arrested and charged with aggravated assault and kidnapping.
Immediately before the woods' incident, Todd was allegedly beaten and tortured by the defendants, along with several Kappa Sigma fraternity members at house where some members lived. The plaintiff claimed other fraternity members stood by and watched as he was attacked and tortured for several hours.
The documents also allege the Kappa Sigma fraternity "failed to adequately monitor, control, and supervise the Nu Tau Chapter, whose members were engaged in criminal conduct, including, but not limited to, drug dealing and violence."
Todd claimed the incident caused him to suffer through an emotional, painful and traumatic experience, as well as extensive damages medically. He is seeking punitive damages for assault and battery, negligence and infliction of emotional distress.
The plaintiff is represented by Ronald K. Lovett of Houston, Texas.
Nacogdoches County Sheriff Jason Bridges released the following statement about the case:
The Nacogdoches County Sheriff Office has been in the process of exhausting all leads in this case, but due to the lack of cooperation by the victim this has delayed the case from being presented to a grand jury. The Sheriff Office has found out that this criminal offense occurred over a drug transaction that went bad. The case will be presented to the district attorney office in the near future for review.