Suit by Gay Councilman Accuses 3 of Assault

West Hollywood City Councilman John Heilman on Monday sued three men who he charges assaulted him outside a West Hollywood restaurant in April because he is gay.

A complaint filed in Santa Monica Superior Court accuses the three of assault, battery, false imprisonment, emotional distress, conspiracy and slander. State law allows victims of violence resulting from sexual orientation to seek civil damages.

The suit identified the three as Bogart Dirk McGarrin, 26, of Los Angeles; Edward David Heckerson, 20, of Redondo Beach, and Lewis Charles Brutocao, 20, of Covina. They could not be reached.

The attack occurred seven months ago, according to the suit. Heilman said he did not disclose it earlier because he feared that the publicity might interfere with a criminal case against one of the men and that “in the trauma of what happened, I wasn’t prepared to talk about it.”

‘Be Made Known’

Heilman has scheduled a news conference today. He said he felt it was important “that the incident be made known to encourage people who face similar incidents to fight back.”

According to the suit, the assault occurred about 1:15 a.m. April 15 in the parking lot of the French Market Restaurant in the 7900 block of Santa Monica Boulevard. The suit said that the three men were in a car as Heilman was entering his own car and that they began shouting derogatory names at him.

Heilman said that he tried to ignore the remarks but that the men continued to shout and one grabbed him by the jacket, pulling him from his car. Heilman said McGarrin beat him on the head and shoulders as Heckerson held him. The councilman said the men fled after a bouncer from a nearby club came to his aid.

The councilman was treated for head injuries at Cedars-Sinai Medical Center.

Plea Bargain

As part of a plea bargain, McGarrin pleaded guilty in July to disturbing the peace, a misdemeanor, in Beverly Hills Municipal Court and was fined $150, placed on a year’s probation, and ordered to write Heilman a letter of apology, Deputy Dist. Atty. Elden Fox said.

In a statement to sheriff’s deputies, Heckerson said McGarrin identified Heilman as someone who had made a sexual advance toward him earlier in the evening.

Heilman dismissed that as “absurd,” saying that he had never seen either of the men before.