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Parents of Slaying Victim Sue Ex-Skateboard Champ : Courts: Though criminal trial of Mark (Gator) Anthony isn’t scheduled until October, family seeks $10 million in punitive damages from the accused.

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TIMES STAFF WRITER

The parents of a 22-year-old aspiring model tortured and killed in March filed a wrongful-death lawsuit Wednesday against a former skateboarding champion charged in her slaying. The suit, filed in San Diego Superior Court on behalf of Stephen and Kay Bergsten of Tucson, seeks $10 million in punitive damages from Mark (Gator) Anthony, who has been charged in the March 20 rape and strangulation death of Jessica Bergsten.

Prosecutors allege that Anthony, a 24-year-old skateboarding phenomenon turned born-again Christian, raped and strangled Bergsten, because he believed she was responsible for his breakup with his ex-fiancee, Brandi McClain.

After manacling her to a bed in his Carlsbad condominium and raping her for three hours, authorities say, Anthony struck Bergsten several times with a steering-wheel lock bar and placed her in his surfboard bag. When the woman began screaming, he choked her and buried her in an isolated desert grave in Imperial County, prosecutors allege.

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In early May, authorities say, Anthony walked into San Diego police headquarters and confessed to the crime. His court-appointed attorney disputes the authorities’ account. Anthony is being held in the Vista jail.

Although Anthony is not scheduled to stand trial in the case until October, an attorney for the victim’s family said the lawsuit was not premature.

“We have his admission and a great deal of evidence in the case,” said attorney David Casey Jr.

“Mark (Gator) Anthony was a role model to millions of children and one of the top-earning skateboarders in the nation,” Casey said in a prepared statement. “The purpose of the punitive damages is to show these children that this type of heinous behavior should be punished.”

In an interview, Casey said he is endeavoring to learn the extent of Anthony’s assets. “Punitive damages are not dischargeable in bankruptcy court. This stays with him the rest of his life. If he ever gets out and gets a job, he’s got to pay for it.”

Neither Kay nor Stephen Bergsten, a Tucson lawyer, could be reached for comment.

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