NBC 7’s Mark Mullen shares heartfelt words from family members of the victim.
A family has filed a wrongful death lawsuit against a Chula Vista restaurant over alleged negligence and inaction following an assault on a 59-year-old grandfather on a crowded dance floor.
Investigators suspect Bernabe Bahena Rivera, 38, was the man who assaulted Jose Perez-Fong, 59, at the Papagayos Grill and Cantina on Otay Lakes Road on April 15. Perez-Fong died on April 21 after nearly a week in the ICU at Scripps Mercy Hospital.
Perez-Fong was at the restaurant celebrating a job promotion, according to family members.
"Now my baby is gonna grow up without a grandfather," Perez-Fong's daughter Frances Nayar said. "My dad was a really loving man and he was a really good grandpa, and it really makes me upset that this guy who killed my father is still on the loose."
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Riviera has not been arrested, but in May investigators said they had reason to believe he has ties to Chula Vista, San Diego and Mexico.
Friends of Perez-Fong told Nayar that her father was hit from behind and that he never really had a chance to defend himself. He fell to the ground after several punches, and then was kicked in the head, they told Nayar.
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At a news conference Monday announcing the lawsuit, Perez-Fong's family claimed the restaurant didn't do enough to prevent the assault or to help Perez-Fong after he was hurt.
"Despite the venue being at capacity, alcohol being served, as you can imagine, in excess, live music and dancing, there was no security on the duty that evening to protect Mr. Perez-Fong and patrons," attorney John Gomez said. "Nor did staff intervene or provide medical care or attention. In fact, the only time employees took action was to move his body off the dance floor so the party could go on."
NBC 7 reached out to the restaurant for their reaction to the lawsuit but there has been no response.
Anyone with information about the incident or about Rivera's whereabouts can call San Diego County Crime Stoppers at (888) 580-8477 or submit an anonymous tip via P3tips.
