Wednesday, June 6, 2012

Wesley "The Child" Gubbin Seems To Have Dodged Both Civil And Criminal Proceedings Over Fatal Hit-And-Run...

Stock photo, blog post by John Hoff

This blog...and perhaps ONLY this blog...dug deeply into the story of Wesley Gubbin, a no account trashy type person who (allegedly) ran down an elderly, religious man who was riding a bicycle, then tried to dump the hit-and-run vehicle in North Minneapolis.

Click here for my first blog post on the topic. Click here for my second. 

Recently, I received an inquiry about what had happened to Gubbin and so I started digging into the story again. What I found out was disappointing...

First of all, I can't find evidence that ANY criminal charges came from the fatal incident. Gubbin has a conviction for disorderly conduct back in July of 2010 and that is the last conviction showing up.

Searching on the "civil case" side of online court records, I see there was a "wrongful death" lawsuit filed by the estate of James Malloy. The suit was filed on 12/21/2011, not very long after the accident. The attorney for Malloy's estate was Mark R Kosieradzki. Gubbin had no lawyer and represented himself.

However, the lawsuit was dropped on May 11, 2011. It was "dismissed without prejudice," meaning it could be revived again.

These are all the facts I have on hand at the moment. Kosieradzki's law firm was closed for the day when I tried to call, though I figure odds about about 8 to 1 that I'd get a "no comment" anyway.

The way things look...Wesley "The Child" Gubbin got away with it.


Anonymous said...

Correction. Dismissed with prejudice means they can't bring the law suit again...

Johnny Northside! said...

You are right. That's what it means.

However, the case was dismissed WITHOUT prejudice. I typed "with" instead of "without" by mistake.

I have now corrected it, and thanks so much for bringing that to my attention.

Johnny Northside! said...

Information in a recent Star Tribune article.
Last November, a pickup hit and killed 61-year-old Thomas Malloy as he rode his bike. The suspected driver, Wesley Gubbin, later turned himself in and was charged with criminal vehicular homicide. His trial begins Aug. 6.

Anonymous said...

Some sort of correction is needed. Facts as posted can't be.

"I see there was a "wrongful death" lawsuit filed by the estate of James Malloy. The suit was filed on 12/21/2011, not very long after the accident"

"However, the lawsuit was dropped on May 11, 2011."

See the problem?

Johnny Northside! said...

You are correct. That date can't be right.

But with MNCIS down on Sunday, I can't look up the info and make the correction right now. I will make the correction as soon as I can access MNCIS. Thank you for pointing this out. I was just TODAY looking into the Wesley Gubbin thing and trying to get a copy of the criminal complaint.