DaBaby’s Alleged Assault Victim Admits to Using Racial Slur Against Him, Says It’s ‘Not Relevant’ to Case
The man suing DaBaby over an alleged assault in 2020 demanded the jury not hear about him calling the rapper a racial slur after being knocked to the ground, In Touch can exclusively report.
According to court documents obtained by In Touch, DaBaby’s alleged victim, Gary Pagar, said the fact that he used the N-word after allegedly being punched in the face by the rapper should not be talked about during the upcoming trial.
Gary, 65, said that “there is no dispute that [DaBaby]” battered him by punching him in the face.
He said DaBaby, 32, admitted to doing so and pleaded guilty to battery in the criminal case brought over the incident.
In his motion, Gary’s lawyers argue that Gary’s “utterance of the ‘N-word’ in response to being punched by [DaBaby] is not relevant to any claim or defense in this case.”
Gary’s attorney added, “It is not relevant both because it was uttered only after [DaBaby] committed the torts alleged in this case; and because it is not relevant regardless of when it was uttered.“
Further, the lawyer said, “Language that Plaintiff may or may not have used after being punched in the face is not relevant to defendant’s intentions for punching [Gary]. There is no provoking language that could be considered as a mitigating factor in a punitive damages analysis.”
Gary’s lawyer said the video from the scene is clear. He claimed it showed DaBaby punching Gary in the face and him falling to the ground.
His lawyer ended, “In sum, [Gary] said the hurtful and pejorative word after being punched in the face without warning and knocked dazed and bleeding to the ground. He said it, and he is sorry for saying it. But [DaBaby’s] attempt to turn his utterance after being punched into a justification or mitigation for the punch is contrary to law, logic, and common sense.”
In his suit, Gary explained he leased his Los Angeles home to DaBaby and his team. Per their agreement, the entertainer agreed to have no more than 12 people at the home at one time.
Gary said he learned that DaBaby was shooting a music video with a large crowd at the property. He drove over to the home to confront DaBaby. In court documents, he claimed DaBaby hit him in the face, which caused several of his teeth to fall out.
Gary said he rushed to call 911 but DaBaby fled the home before officers arrived. DaBaby was charged with felony battery over the incident. The civil case dragged on for months due to the rapper demanding his criminal case be resolved before he engage with the lawsuit. The rapper was represented by powerhouse criminal defense attorney Blair Berk.
He was sentenced to one year probation in the case but avoided any time behind bars. His plea deal said DaBaby will pay $10,000 in restitution and cannot possess guns during the probation period.
As In Touch previously reported, DaBaby is facing a separate lawsuit over an alleged assault against his ex-girlfriend DaniLeigh's brother.
He denied all allegations of wrongdoing publicly but has yet to respond to the case in court.
