DaBaby Scores Small Victory in Assault Battle With 65-year-old Man Who Accuses Rapper of Knocking His Teeth Out at Music Video Shoot
Aug. 16 2023, Published 12:00 p.m. ET
A Los Angeles judge sided with DaBaby by postponing a civil trial where the rapper will face questions on whether he brutally assaulted a 65-year-old man, RadarOnline.com has learned.
According to court documents obtained by RadarOnline.com, a hearing was held this week in the 2021 lawsuit brought by Gary Pagar. The court ruled that the scheduled October 10, 2023 trial date will be vacated.
DaBaby pleaded for the trial to be pushed claiming he needs to handle the criminal case over the situation before testifying in the civil suit.
In his lawsuit, Pagar claimed to have rented out his Los Angeles home to DaBaby and his associates. The rental agreement stated there would be no more than 12 people on the property.
Pagar claimed he became aware that DaBaby was using his home for a music video shoot and rushed over. He said he arrived at his home to find over 40 people on set.
The man said he confronted the guests and ended up being spit on. He eventually ran into DaBaby who chased him inside the pad.
Pagar said the two argued which led to DaBaby allegedly punching the homeowner in the face, causing multiple teeth to fall out.
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The man said he called police but DaBaby fled the scene before they arrived. The lawsuit accused the disgraced rapper and his team of leaving the home damaged and costing Pagar thousands to repair. His lawsuit seeks unspecified damages.
Last year, the L.A. County District Attorney’s Office charged DaBaby with felony battery over the incident. The case is pending. For months, the rapper’s legal team has argued the civil lawsuit should be put on hold until the criminal case is handled.
DaBaby said he would have to plead the fifth if deposed or called to the stand in the civil matter. Pagar argued the case has dragged on for over a year and he deserved justice.
He said DaBaby knows what happened on the day in question, along with the alleged “numerous eyewitnesses who were huddled around Pagar and [DaBaby] at the time.”
Pagar added, “The whole incident is also evidenced by several videos—taken on cell phones by eyewitnesses.”
“[DaBaby] does not want to admit in a declaration that he assaulted and battered Pagar because it would incriminate him in a parallel criminal case arising out of the assault. Nor can he deny it under oath without committing perjury. But [DaBaby’s] invocation of the Fifth Amendment privilege against self-incrimination and his apparent unwillingness to submit a declaration in opposition to Pagar’s motion for summary judgment is not sufficient ground to warrant a continuance,” he argued.
“In the nearly 2 1/2 years since this litigation has been pending, not a single witness has been produced or deposed to dispute the fact that it was Kirk who assaulted [DaBaby],” the filing read.
Pagar also revealed a real estate agent and eyewitness named Patrick Michael. He claimed Michael testified that he saw with his own two eyes DaBaby assault Pagar. He said under oath that the rapper “sucker-punched” the homeowner.