HOUSTON (CN) - Two Kappa Sigma members tied up and tortured a man at a frat house then took him to woods outside town and tried to beat him to death, the man claims in court.
John Todd sued Jon Michael Windsor, Matthew Austin Truitt, Kappa Sigma Fraternity and the Nu Tau Chapter of Kappa Sigma Fraternity, in Harris County Court.
Todd says he was at a Kappa Sigma house in Nacogdoches, Texas on March 30, 2012 when Windsor and Truitt tied him up and beat him.
"Members of the Kappa Sigma Fraternity who had a duty to intervene as necessary to protect the health, safety and welfare of plaintiff, a) stood by and watched as plaintiff was bound, beaten and tortured for several hours, and/or b) actually participated in the beating," Todd says in the complaint.
He claims that Windsor and Truitt then abducted him from the house and took him to some woods outside Nacogdoches.
"The defendants planned to murder plaintiff and leave his body hidden deep in the woods," the complaint states. "Plaintiff escaped during the course of the attack but not before sustaining serious bodily injury.
"Plaintiff was able to make his way to a county road where he found help and contacted law enforcement. The defendants were arrested and charged with aggravated assault and kidnapping."
Todd seeks punitive damages for assault and battery, negligence and infliction of emotional distress.
He is represented by Ron Lovett of Houston.
Lovett told Courthouse News that Todd's acquaintance had invited Todd to the frat house the day Windsor and Truitt beat and kidnapped him.
Though Windsor and Truitt were arrested on March 31, 2012 a spokeswoman for the Nacogdoches County DA's office told Courthouse News the Nacogdoches County Sheriff's Office had likely not completed its investigation of the incident.
She said she had no record of Windsor and Truitt and said her office does not handle cases until the sheriff's office finishes its investigation.
An email to the sheriff's office inquiring about the status of the men's criminal charges got no response.