A Centerport woman filed a lawsuit this month alleging that her husband was beaten to death at a neighborhood beach club last year and Suffolk officials improperly failed to charge anyone in the case.
But a spokesman for the Suffolk district attorney’s office said a grand jury had reviewed the case and found that no charges were warranted.
Kristin Divers, 53, a kindergarten teacher in the Harborfields school district, said in an interview Friday that she and her husband, Michael Divers, were socializing with friends at a beach next to the Huntington Beach Community Association complex on Aug. 28, 2015, when Michael Divers went to the facility to use the bathroom.
He got into an altercation with two or three men there, and by the time an ambulance arrived 40 minutes later and took him to Huntington Hospital, he was dead, according to the lawsuit, filed Oct. 3 in State Supreme Court in Riverhead.
The Suffolk County District Attorney’s Office investigated the case, but no one was charged, the suit states.
The lawsuit accuses David Brase of Shirley and Mark McGreen of Centerport of leading the attack on Divers.
The two men could not be reached Friday, but an attorney who represented Brase, Joseph Conway of Mineola, said a “full-blown investigation” had found no wrongdoing.
Robert Clifford, a spokesman for the district attorney’s office, said Friday that a Suffolk grand jury listened to testimony and reviewed evidence, but voted against bringing any charges.
Clifford said Michael Divers had “stumbled into a Sweet 16 party being held at a beach club. He had not been invited to the event yet he entered the food line and was questioned by people at the affair as to his identity.”
Michael Divers, 52, was described by onlookers as “highly intoxicated,” Clifford said. “He was asked to leave, he refused, and was escorted out, while struggling with the two fathers attending the party.”
Divers then went to the rear of the club in the patio area and tried to re-enter the party, Clifford said.
The two men encountered him there “and a physical confrontation ensued,” he said. “Mr. Divers was knocked to the patio surface and got up a number of times during the altercation. Police were called and were on their way to the scene. Mr. Divers was held down on the patio surface and the struggle ended when he suddenly became unconscious.”
CPR was undertaken, Clifford said, a defibrillator was brought to his side and an off-duty nurse tried to revive Divers. An ambulance took him to Huntington Hospital, he said.
A videotape of the incident and testimony before the grand jury “made it pretty clear that this was nothing more than a tragic accident,” Conway said.
The suit, which seeks $7.5 million in damages, also names the Centerport Fire Department, the Volunteer Ambulance Corps of Suffolk County and the Huntington Beach Community Association, as well as five unnamed individuals.
Those parties could not be reached for comment Friday.