The family of a Centerport man who died in August at a community clubhouse has filed a notice of claim against Suffolk police and the county — alleging police failed to charge two men who assaulted him before his death and the county did not provide him timely medical care.
Suffolk police homicide detectives determined the Aug. 28 death of Michael Divers, 52, was “noncriminal” in nature.
Police said they were called to the Huntington Beach Community Association on Adams Street around 5:17 p.m. and found the Centerport resident dead at the scene.
No further details about the death, including Divers’ identity, were released because a crime was not involved, police said at that time.
Divers’ widow, Kristin, believes otherwise and filed the $10 million notice of claim in November.
The claim alleges that Mark McGreen, a neighbor, and other John and Jane Does assaulted Divers “without provocation, injuring him, causing him to sustain severe injuries which ultimately caused his death.”
Suffolk police referred questions about the claim to the county. Justin Meyers, county spokesman, said the “county does not respond to pending legal proceedings.”
A copy of Divers’ death certificate provided to Newsday by his widow’s Manhattan attorney Abe George says Divers’ death was a homicide with the cause listed as “cardiopulmonary arrest during a physical altercation. Individual under the influence of acute alcohol intoxication.” His death is recorded as having occurred at 8:42 p.m.
“What we’re saying is why hasn’t there been an arrest,” George said. “It’s in regards to the assault itself and the fact that there was lack of medical attention done in the requisite time period. I think it was 30 minutes for emergency services arrived.”
Suffolk County’s Emergency Medical Services and the medical examiner also are named in the notice.
Kristin Divers said she, her husband and friends had been sitting on the beach when Michael Divers went to use the restroom in the nearby clubhouse. Kristin said she and the friends then went to her home, across the street from the clubhouse, to sit on the deck. A neighbor told her something was wrong with her husband and, by the time she walked to the clubhouse, her husband was dead.
George said witnesses have stated that McGreen was having a Sweet 16 party in the clubhouse that evening.
According to George, McGreen told police he physically threw Divers out of the clubhouse causing him to fall to the ground.
McGreen, who is listed as a principal of the security company AM or PM Digital Inc. that has an address tied to his home, did not return calls seeking comment.
George said Assistant District Attorney Peter Timmons, who is handling the case, has not provided any updates to the family.
“The DA’s office hasn’t called Kristin in at all since they’ve had this case,” said George. “I think that is so strange. That you don’t have a DA’s office reaching out to the victim and at least make contact. Mrs. Divers lost her husband.”
District attorney spokesman Robert Clifford did not respond to a request for comment.
“It just seems so secretive,” Kristin said. “They just haven’t shared any information with me. I haven’t been able to get an autopsy report to find out what injuries caused my husband’s death.”