Darien's Scott Hapgood Sues Anguilla Hotel Chain In Attack

DARIEN, CT — Scott Hapgood, the Darien husband and father accused of killing a hotel worker in Anguilla, has sued the operators of the island's Malliouhana resort claiming negligence in the hiring and supervision of the slain worker.

Kenny Mitchel, 27, died following an altercation in Hapgood's hotel room last April. Hapgood has said that Mitchel attacked and tried to rob him, and that he acted in self-defense. Hapgood faces a manslaughter charge in connection with the killing, but he remains in the United States, refusing to return to the Anguilla to stand trial because he says the process has been rigged against him.

Hapgood and his family filed the lawsuit in in Marin County California Superior Courtagainst Auberge Resorts LLC, operator of the Malliouhana resort in Anguilla, "to hold it responsible for the attack Scott suffered in his hotel room at the hands of one of its employees." The lawsuit seeks undisclosed damages.

"Auberge Resorts failed to ensure the safety and protection of its hotel guests, the Hapgood family," said attorney Juliya Arbisman, a partner at the law firm of Diamond McCarthy LLP and counsel for the Hapgoods, in a statement. "As a result, Auberge Resorts should be held responsible for the harm that the Hapgood family has suffered."

The lawsuit states in part:

Auberge promises a “dream vacation.” The resorts it owns and operates—more than 20 in total, including the five-star Malliouhana resort on the tiny Caribbean island of Anguilla—are high-end. President Obama, Beyoncé, and Jay Z have all been Auberge guests. According to its marketing, the “Auberge way” in hospitality means “unforgettable experiences in storied destinations.” But to plaintiff Scott Hapgood, the 45-year-old husband of Kallie and father of Ryan, Hope, and Winn, the “Auberge way” means something different. It means getting attacked at knifepoint by a high, intoxicated 27-year-old hotel employee, being viciously stabbed, clawed, bitten, and beaten fearing for his life and his family. It means getting charged with a frivolous criminal prosecution, thrown in jail without just cause, risking being killed because the attacker’s relatives worked there, and fighting against extradition. And it means getting suspended from his job, enduring ongoing trauma and hardship, and being forced to defend a lawsuit by the representatives of his attacker. To plaintiffs Ryan and Hope Hapgood, it means fearing your father is about to be killed by a hotel employee and fearing for your own life. For Scott and the entire Hapgood family, the Plaintiffs here, Auberge’s “dream vacation” is a nightmare that does not end.

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According to the lawsuit, less than three weeks before the attack Mitchel had been arrested and charged with rape, and that he violated one of his bail conditions and spent additional time in police custody.

Additionally, the lawsuit also says that Mitchel was a national of a neighboring island—Dominica—and the criminal charge should have rendered him ineligible to continue his employment on Anguilla. Auberge Resorts knew or should have known these facts yet kept him on the job anyway, around hotel guests including children.

On the day of the attack, April 13, 2019, Mitchel showed up to work more than two hours late and disappeared for more than an hour in the middle of the workday, later appearing at the Hapgoods' hotel room drunk and high on cocaine, according to lawsuit.

Mitchell claimed that he came to the Hapgoods' room to fix a broken sink, and since he was wearing the uniform of the luxury resort, Hapgood allowed him into the room, the lawsuit says.

"In fact, there was no 'broken' sink, and, after pretending to inspect the sink, Mitchel drew a knife, demanded money, and then attacked Scott," according to a statement. "Seeking to defend himself and protect his minor daughters who were in the room at the time of the attack, Scott restrained and disarmed Mitchel. The girls fled the room seeking help. But instead of calling the police and an ambulance immediately, Auberge delayed.

"After the hotel’s security guard finally arrived to the room, he took over from Scott to restrain Mitchel until the ambulance belatedly arrived. Tragically, Mitchel died in the hospital almost an hour later from an overdose of cocaine, according to the toxicology report produced by the Anguillan authorities."

Hapgood was charged with manslaughter by Anguillan authorities. He was ultimately released on bail, but Hapgood returned to the Caribbean island on several occasions to face the preliminary proceeding, "which Anguillan prosecutors continued to pursue despite the evidence that a drug overdose killed Mitchel," according to the statement.

A rally was held in Darien for Hapgood in October, which led to members of the United States Senate and others to issue statements supporting him.