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Lucero family suing 7 teens accused in his death

(left to right) Rosario, Joselo, and Isabel Lucero,

(left to right) Rosario, Joselo, and Isabel Lucero, arrive at the State Criminal Court in Riverhead. Rosario and Isabel get the first chance to see the seven teens accused in killing her son Marcelo. (February 18, 2009) Credit: Newsday/Ana P. Gutierrez

The family of slain Ecuadorean immigrant Marcelo Lucero is suing the seven teenagers accused of his death and their parents, court records show.

A summons with notice filed Friday at state Supreme Court in Riverhead does not specify an amount, but it is seeking "money damages" that resulted from the seven defendants' alleged actions, "including, but not limited to, assault, wrongful death and negligence, occurring" on Nov. 8, 2008, according to the lawsuit, filed by attorney Kevin Faga of White Plains. Faga is representing the Lucero estate.

Prosecutors have charged the teenagers with hunting for Hispanics in Patchogue that night, which ended with Lucero's death after he was stabbed.

The lawsuit names defendants Jeffrey Conroy, Kevin Shea, Jordan Dasch, Nicholas Hausch, Jose Pacheco, Anthony Hartford, Christopher Overton and their parents.

"The law does permit a court to hold parents accountable for the actions of their minor children when they're aware of their propensity and they fail to act," Faga said.

Charges are pending against all of the alleged attackers except Hausch, who pleaded guilty Thursday to first-degree gang assault and fourth-degree conspiracy. He also pleaded guilty to second-degree assault as a hate crime and second-degree attempted assault as a hate crime in connection with two other attacks earlier that day. He faces 5 to 25 years in prison on the top charge.

Hausch's lawyer, Jason Bassett, declined to comment on the suit. Jordan Dasch's lawyer, Michael Gajdos, also declined to comment. The lawyers for the other five defendants did not return calls Friday.

A vigil marking the anniversary of Lucero's killing is scheduled for Saturday at 6 p.m.


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